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Allahabad High Court

SMT. UMA SRIVASTAVA (RETD. LECTURER)versusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The Court disposed of the writ petition, granting the petitioner liberty to submit a representation before the respondents regarding the alleged repayment of the loan.

Summary

Petitioner Smt. Uma Srivastava, a retired lecturer, filed a writ petition challenging a consequential order dated 26 September 2025 that cited a recovery of a loan of Rs. 40,000, which she claims has already been repaid. She did not contest the earlier notice dated 22 October 2024 nor the calculation made by the Office of the Accountant General, Uttar Pradesh. The petitioner sought an opportunity to make a representation before the respondents to demonstrate that the loan had been repaid and the calculation was incorrect. The Court considered the petition and, without delving into the merits of the repayment claim, granted the petitioner liberty to submit a representation to the respondents. Accordingly, the writ petition was disposed of, allowing the petitioner to approach the respondents for a review of the recovery order.

Issues considered

  • Whether the consequential order of recovery dated 26-09-2025 can be challenged without contesting the prior notice and calculation.
  • Whether the petitioner is entitled to a liberty to make a representation before the respondents to contest the loan repayment calculation.

Subjects

  • loan recovery
  • writ petition
  • representation
  • civil procedure
  • court order

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - A No. - 6382 of 2026

                                    Smt. Uma Srivastava (Retd. Lecturer)
                                                                                                  .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 6 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)       : Abhishek Kumar Srivastava, Anamika
                                                                      Srivastava
                                    Counsel for Respondent(s)       : Ashok Kumar Pandey, C.S.C.

                                    Court No. - 32
                                               HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Abhishek Kumar Srivastava, learned counsel for petitioner, Sri
                                    Santosh Kumar, learned Standing Counsel for State-Respondents and Sri
                                    Ashok Kumar Pandey, Advocate for Respondents-2 and 7.

                                    2. Petitioner has challenged only consequential order, i.e., a citation of
                                    recovery dated 26.09.2025 without making any challenge to notice dated
                                    22.10.2024 addressed to petitioner alongwith calculation of recovery
                                    determined by the Office of Accountant General, U.P. at Allahabad that
                                    petitioner who admittedly has taken a loan of Rs. 40,000/- has not been
                                    repaid though learned counsel for petitioner has made a statement that it was
                                    repaid.

                                    3. Learned counsel for petitioner further submits that an opportunity be
                                    granted to petitioner to submit a representation before concerned respondent
                                    and in case he is able to show that calculation is not correct and loan amount
                                    was already paid concerned respondent will look into the matter.

                                    4. The writ petition is accordingly disposed of with liberty as prayed for.
                                    May 7, 2026
                                    AK
                                                                                (Saurabh Shyam Shamshery,J.)




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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