IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 567 of 2010 Narendra Singh Topal Son of Sri Bhola Singh, Gram Pradhan, Gram Panchayat Dharkot, Block Dasholi, District Chamoli. … Petitioner. Versus State of Uttarakhand through Secretary Rural and Panchayat Raj, Government of Uttarakhand, Dehradun and four others. … Respondents. Mr. N.S.Pundir, Advocate, learned counsel for the petitioner. Mr. K.P.Upadhyay, Learned Additional Chief Standing Counsel for the respondents no. 1 to 4. Date April 22, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari to quash the impugned order dated 12/15-3-2010 ( Annexure-4 to the petition) passed by the respondent no.3, whereby the respondent no.2- District Magistrate Chamoli has order that an amount of Rs.38,850-05 be recovered from the petitioner as mentioned in the impugned order. The grievance of the petitioner is that without hearing the petitioner, the District Magistrate Chamoli had issued a direction to the District Panchayat Raj Officer Chamoli to recover the amount of Rs. 38,850-05, which is 25% of the total amount. Learned counsel for the petitioner has further submitted that on the basis of the order dated 12/15-3-2010, a show cause notice was issued by the Collector on 29-3-2010. The petitioner filed objection against the show cause notice, but the Collector has not taken decision so far. 2 Learned Additional Chief Standing Counsel appearing for the respondent nos. 1 to 4 has urged that liberty may be given to the respondent-authority to pass an order afresh in the matter after hearing the petitioner on the show cause notice, which is yet to be disposed of by the Collector. In the interest of justice and in view of the fact that decision is pending on the show cause notice, no recovery shall be made from the petitioner in pursuance of the impugned order dated 12/15-3-2010 (Annexure-4 to the petition) till the decision is taken by the Collector Chamoli. The respondent no.2-Collector Chamoli shall take a decision on the show cause notice after hearing the petitioner and considering the objection filed by him. The order dated 12/15-3-2010 shall be kept in abeyance till the decision is taken on show cause. With the above observation and direction, the writ petition is disposed of finally. ( B.S.Verma, J.) RCP 3