IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1779 of 2007 (M/S) Bachhi Ram, S/O Kalyan Ram, Village Atham, Kapkot (Bageshwar) and five others. …… Petitioners. Versus State of Uttaranchal through Secretary Gram Vikas Vibhag, and three others. … Respondents. Sri P.S.Adhikari, Sr.Advocate with Sri B.S.Adhikari, learned counsel for the petitioners. Sri K.P.Upadhyay, learned Additional C.S.C. for the State-respondents. Date May 01, 2008. Hon’ble B.S.Verma, J. Heard Sri P.S.Adhikari, Senior Advocate, with Sri B.S.Adhikari, learned counsel for the petitioners and Sri K.P.Upadhyay, learned Additional Chief Standing Counsel for the State-respondents. This writ petition has been filed for issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 31-5-2005 (Annexure –4) and dated 2-9-2005 (Annexure-5) in respect of the petitioners as it is illegal and not maintainable. According to the petitioners, they are villagers of Block Kapkot, district Bageshwar and are shown as beneficiaries of the Scheme of Indira Awas. According to them, under the said scheme certain amount was sanctioned in the name of various persons by Village Panchayat Development Officers in collusion with Block Development Officer and illegality was committed in the matter. An enquiry was made and a team of officers made physical inspection of the Block Kapkot and it was found that serious irregularities were committed by the concerned Officers of 2 the Block. After completion of enquiry, Chief Development Officer Bageshwar by his letter dated 2.11.2004 issued direction by which District Panchayat Raj Adhikri was directed to initiate departmental proceeding against the responsible officers. The grievance of the petitioners is that they had no roll to play in the alleged irregularities and illegality having been committed by the Officers of the Block Kapkot and that no opportunity of hearing was given to them before passing the impugned order dated 31-5-2005 whereby on the direction of the Secretary, Gram Vikas-respondent no.1, the C.D.O. Bageshwar directed the Block Development Officer to recover the amount from different persons as mentioned in the order (Annexure 4). By the order dated 2-9-2005 (Annexure-5) again directed the Block Development Officer to ensure recovery of the misappropriated amount under the Indira Avas Scheme from the persons concerned. I have perused the impugned orders and the material on record including the averments made in the writ petition, the counter affidavit filed by the Block Development Officer Kapkot and the rejoinder affidavit filed on behalf of the petitioners. In the course of arguments, learned Additional Chief Standing Counsel has fairly conceded that from a perusal of impugned orders, it cannot be said that opportunity of hearing was afforded to the petitioners. He further submitted that the authorities concerned may be directed to initiate the proceedings afresh in the matter after giving opportunity of hearing to the petitioners. In the circumstances of the case, it will be in the fitness of things to direct the respondents to proceed afresh in the matter after affording reasonable opportunity of hearing to the petitioners. The writ petition deserves to be allowed accordingly. 3 The writ petition is allowed. The impugned orders dated 31-5-2005 (Annexure-4) and 2-9-2005 (Annexure-5) passed by the Chief Development Officer Bageshwar are set aside. The respondents are directed to proceed in the matter and to take a decision afresh after giving opportunity of hearing to the petitioners. Costs easy. All pending applications stand disposed of. ( B.S.Verma, J. ) RCP 4 5 6 7