IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 2991 of 2008 Decided on: 03.03.2010 Krishan Lal …. Petitioner Versus H.R.T.C. & Ors. …. Respondents Coram : The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge For the petitioner: Mr. Himmat Negi vice Mr. Sanjeev Bhushan, Advocate. For the respondents: Mr. Adarsh Sharma, Advocate. Justice Kurian Joseph, C.J.(Oral): The writ petitioner, the applicant before the Tribunal, is aggrieved since steps have been taken for recovery of Rs.10,872/-, which according to the Corporation is a payment made out of mistake. According to the writ petitioner, he is entitled to retain the same and had a notice been given to him, he would have been in a position to explain his entitlement for the payment already made. It is not in dispute that before making such recovery, no notice has been given to him. Even if it is erroneous also, before effecting the recovery, the Corporation should have issued notice to the petitioner. An opportunity should have been granted to explain his stand. We are informed that this Court has on similar grounds quashed the steps for effecting recovery in CWP(T) No. 3207/2008 (OA No. 951/1996). 2 In that view of the matter, we set aside the proceedings for effecting recovery, however, with liberty to the Corporation, if so advised, to initiate process for effecting recovery after affording an opportunity of hearing to the petitioner. However, we make it clear that in case the Corporation has decided not to pursue the matter in identical cases and the one case referred to above, the case of the petitioner being identical, similar steps shall be followed in his case also. The writ petition stands disposed of accordingly and so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice ( V.K. Ahuja ), March 03, 2010 Judge (SDS/BSS) 3