- (1.)Learned Standing Counsel represents respondent Nos. 1 to 4. Notice on behalf of respondent No. 5 has been accepted by Sri Durga Singh. All the respondents may file counter-affidavit within three weeks. Rejoinder affidavit may be filed within a week thereafter. Heard Sri P.C. Mishra, learned Counsel for the petitioners, Sri Sashi Nandan, learned Senior Advocate assisted by Sri Durga Singh, learned Counsel for respondent No. 5 and learned Standing Counsel for the State-respondents.
(2.)The controversy with regard to the usurpation of the properties of the Social Welfare Department by respondent No. 5 as well as the Government money which was released for constructions of the hostel by the District Social Welfare Department, Mathura was subject-matter of consideration before the Director, Social Welfare, U.P. Lucknow. Under the order of the Director, Social Welfare, U.P. Lucknow, the District Magistrate, Mathura got a committee of 4 members constituted for a thorough enquiry. The 4-Members' Committee submitted its detail report stating therein that respondent No. 5 has illegally set up himself as the Manager of the properties of the District Social Welfare Department including the hostel known as Brij Chhatravas , in Civil Lines, Mathura, which was constructed on Government land with Government money. It was further recorded that the District Social Welfare Officer was colluding with respondent No. 5. Pursuant to the enquiry report, recovery proceedings were initiated against respondent No. 5 for a sum of Rs. 12,28,269/-.
(3.)Recovery proceedings so initiated were challenged by respondent No. 5 by means of Civil Misc. Writ Petition No. 38490 of 2006, which was got dismissed as withdrawn on 18th October, 2006 after the counter-affidavit was filed by the department in the said writ petition. As a logical consequence, the issue of recovery being affected against respondent No. 5 stood closed.