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ALLAHABAD: The Allahabad high court has stayed the recovery notice issued to a Kanpur man accused of destroying public properties during the anti-CAA protest in the city that began on December 19.

Providing an ad-interim protection to the petitioner identified as Mohammad Faizan, the bench of Justice Pankaj Naqvi and Justice Saurabh Shyam Shamshery stayed the notice issued by the additional DM saying tha the Supreme Court was already examining the legality of such orders .

Challenging the recovery notice issued to Faizan, his counsel pleaded that the recovery notice was issued by an ADM whereas the Supreme Court had unequivocally provided that such an order can be issued only by a serving or retried high court judge, or retired district judge as 'claims commissioner'. The bench directed the state government to file a counter-affidavit within a month. The court directed to list this case in the week commencing April 20, 2020 before the appropriate bench for the next hearing.

This will also be subject to the outcome of the proceedings before the SC.

On Tuesday, the Lucknow bench of Allahabad HC had dismissed a similar plea, citing its pendency before the SC.

