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Judgment
Hon’ble Ravindra Maithani, J. (Oral)
The challenge in this petition is made to a recovery citation.
Heard learned counsel for the parties and perused the file.
It has been the case of the petitioner that a contract was awarded to his father at Job Nos. 2 & 3 for flood protection construction work near village Chiwa/Kotigad river by the Irrigation Division, Purola. The work had already been completed in the month of March, 2025. But, all of a sudden, the petitioner was served with a notice dated 26.06.2025 for storing river bed minerals (RBM). The notice was replied by the petitioner, but without considering the objections, straightway recovery citation has been issued.
When the matter was heard earlier today, the Court, inter alia, passed the following orders:-
“It is the case of the petitioner that without considering the objections straightway, recovery citation has been issued.
Learned State Counsel submits that there have been instructions.
The Court wanted to know from the learned State Counsel as to whether the District Magistrate, Uttarkashi, has passed any order after receipt of the objections, which is Annexure No. 3 to the writ petition, presented by the petitioner. And if not, how could straightway recovery citation be issued?
Learned State Counsel seeks time to get further instructions.
The matter will be taken up in the revised call.”
This matter is taken up in the revised call.
Learned State Counsel submits that the impugned recovery citation has been withdrawn and now fifteen days’ time has been given to the petitioner for hearing and after hearing, an order shall be passed.
The Court takes on record the statement given by the learned State Counsel.
In view of the statement given by the learned State Counsel, nothing survives in the petition.
The petition stands disposed of accordingly.