HC stays order of recovery of 26 crore from then MD Housing Board
02/01/2022
Jammu, Jan 1: Justice Puneet Gupta of Jammu & Kashmir and Ladakh High Court stayed the Order No. 338 JKHB of 2021 dated 15/12/21 whereby the present MD Housingh Board has asked the Collector J&K Housing Board to initiate recovery proceedings to the tune of Rs. 26.8924 Crores (excluding Rs.70.76 Lacs) from then MD Housing Board Ram Paul.
This significant order has been passed in a petition filed by Ram Paul then MD Housing Board seeking quashment of Order No. 338 JKHB of 2021 dated 15.12.2021 whereby the respondent No. 2 has asked the respondent No.4 to initiate recovery proceedings to the tune of Rs. 26.8924 Crores (excluding Rs.70.76 Lacs) under Section 41 of the Jammu and Kashmir Housing Board Act and the recovered amount shall be utilized for recouping of Rs. 21.76 Crores, the Board funds spent unauthorizedly by the petitioner and the other persons mentioned in the order and to release the balance amount to the petitioner in terms of the directions of the High Court.
Justice Puneet Gupta after hearing Sr. Adv PN Raina with Adv JA Hamal appearing for the petitioner observed that the grounds pleaded amongst others in the petition are that the same has been issued not in consonance with the directions passed by the courts earlier and further Section 41 of the Jammu and Kashmir Housing Board Act does not provide for the action as contemplated in the impugned order.
Justice Puneet Gupta after hearing counsel for the petitioner, issued notice to the respondents in the main petition as well as in the interim application, S.S.Nanda, Sr. AAG appears and accepts notice on behalf of caveators/ respondents. The caveat shall stand discharged.
S.S.Nanda, Sr. AAG seeks time to file objections to the main petition as well as to the interim application. During the Sr. Adv P.N.Raina, appearing for the petitioner has reiterated the submissions made in the petition during the course of arguments and prays for interim relief. Sr. AAG S.S. Nanda, has opposed the grant of relief to the petitioner.
Justice Puneet Gupta observed that keeping in view the submissions raised in the petition, the court is of the view that the case is made out for grant of interim relief to the petitioner. Accordingly, the order impugned is stayed till next date of hearing before the Bench. The respondents are at liberty to file objections by the next date.
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