Disposed

Sahukar v. State of U.P. and 5 Others

Allahabad HC13 Dec 2018WRIC/40643/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking to quash a provisional assessment order and direct electricity supply. It directed service of the order, fixed a date for the petitioner to file objections, and directed the authority to pass a speaking order.

What did the court decide?

Petition disposed with direction to appear on 2.1.2019 for hearing; Respondent No. 3 to pass speaking order.

Sahukar Vs State of U.P. and 5 Others — Allahabad HC (2018) — LawSathi Research

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Court No. - 32

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Case :- WRIT - C No. - 40643 of 2018

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Petitioner :- Sahukar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shashi Kant Pandey Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi

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Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.

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This writ petition, inter alia, has been filed for the following reliefs;

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"A- Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 03.08.2018 passed by respondent no. 4 (Annexure no. 13) to the writ petition.

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B- Issue a writ order or direction in the nature of mandamus directing the respondent to ensure the supply of the electricity to the tube well of the petitioner against the connection no. 4039 of 2018."

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Sri Manoj Kesarwani, Advocate holding brief of Sri Baleshwar Chaturvedi, learned counsel for the Electricity Department has stated that petitioner has not filed any objection to the provisional assessment order. To this, learned counsel for the petitioner stated that till date the petitioner has not been served any copy of the provisional assessment order, as such, he could not be able to file his objection against the said assessment order.

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Learned counsel for the Electricity Department is directed to serve a copy of the provisional assessment order to the petitioner during the course of the date.

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Considering the facts and circumstances of the case and with the consent of the learned counsel for the parties, this writ petition is being disposed of with a direction to the petitioner to appear on 2.1.2019 at 11 A.M. before the Respondent No. 3 along with his objection/representation and adduce any evidence, if any, in support of his contention and take all legal pleas as permissible in law. The Respondent No. 3, thereafter, shall pass the final order by a speaking order after considering the objections of the petitioner as well as the contention raised by the petitioner.

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In case the petitioner is aggrieved with the final order, if any,

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passed against the petitioner, it will be open for the petitioner to file an appeal before the concerned authority under Section 127 of the Electricity Act, 2003 in accordance with law.

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It is made clear that in case petitioner fails to appear on the said date before the Respondent No. 3 and file his objection/representation as provided herein above, the Respondent No. 3, Executive Engineer shall be at liberty to proceed in the matter in accordance with law.

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Order Date :- 13.12.2018 vinay

Sahukar v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Sahukar v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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