Disposed

Bhagwan Singh v. State of U.P. and 3 Others

Allahabad HC17 Oct 2019WRIC/32341/2019

Case brief

AI extract

What is this about?

The court disposed of a writ petition against a recovery citation for electricity dues. Noting the absence of a finalized assessment, the court directed the Executive Engineer to decide statutory objections filed by the petitioner. Recovery is contingent upon this decision.

What did the court decide?

Direction to the Executive Engineer to consider and decide the petitioner's objections dated 15.1.2018 against the provisional assessment within a month.

Bhagwan Singh Vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 29 Case :- WRIT - C No. - 32341 of 2019 Petitioner :- Bhagwan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar,Ashutosh Pandey Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi Hon'ble Pankaj Mithal,J. Hon'ble Vivek Agarwal,J.

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Heard learned counsel for the petitioner and Ms. Usha KIran, learned counsel appearing for respondents no. 2 and 3.

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The writ petition is directed against the recovery citation dated 29.6.2019 for recovery of Rs. 6,12, 078/- as electricity dues.

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The submission of learned counsel for the petitioner is that without any opportunity of hearing and without finalizing the assessment the impugned recovery has been issued against the petitioner.

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Smt. Usha Kiran, learned counsel for the respondents submits that the petitioner is not entitle to any relief in this petition as he has already taken recourse to proceedings before the Permanent Lok Adalat. She has obtained instructions in the matter and according to documents received by her it is clear that after the provisional assessment was made petitioner has filed objections against it but there is not final order of adjudication regarding final assessment.

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In view of the above, as there is no final assessment, the impugned recovery can not be sustained. Notwithstanding that some proceedings have been initiated by the petitioner in the Permanent Lok Adalat prior to the issuance of impugned recovery, in the interest of justice, we dispose of the writ petition with the direction to the Executive Engineer to consider and decide the objections of the petitioner dated 15.1.2018 filed against the provisional assessment in accordance with law provided a copy of this order along with the additional copy of the said objections are submitted before him within a period of two weeks from today. The Executive Engineer shall consider and decide the objections within a month from the receipt of the order and the objections.

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The realization of the dues or the recovery would abide by the decision so taken by the Executive Engineer.

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The petition is disposed of.

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Order Date :- 17.10.2019 SKS

Bhagwan Singh v. State of U.P. and 3 Others

Case brief

What is this about?

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Bhagwan Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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