Disposed

Ajai Kumar v. State of U.P. and 3 Others

Allahabad HC6 Dec 2019WRIC/39055/2019

Case brief

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What is this about?

The High Court disposed of the writ petition challenging a provisional electricity assessment and recovery certificate. It directed the electricity department to consider the petitioner's representation within four weeks after granting a new hearing date, prohibited coercive measures for four weeks, and ordered the restoration of service if Rs. 25,000 was deposited within ten days.

What did the court decide?

Grantee four weeks stay on coercive measures, opportunity for hearing, and direction to restore electricity connection on deposit of Rs. 25,000 within ten days.

Ajai Kumar Vs State of U.P. and 3 Others — Banking and Recovery | Allahabad HC (2019)

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Court No. - 32

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Case :- WRIT - C No. - 39055 of 2019

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Petitioner :- Ajai Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anant Ram Dube Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari

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Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.

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The present writ petition has been filed with the following reliefs:-

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" i. Issue a writ , order or direction in the nature of certiorari quashing the recovery certificate dated 04.06.2019 (Annexur No. 1 to the writ petition) as well as notice dated 11.01.2019 (Annexure No.4 to the writ petition).

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ii. Issue a writ order or direction in the nature of mandamus not adopt any coercive method against the petitioner for realisation of Rs.1,13,748/- pursuant to the recovery certificate (Annexure No.1 to the writ petition).

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iii. Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

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iv. Award the costs to the writ petition to the petitioner".

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Learned counsel for the petitioner states that the Executive Engineer, Electricity Distribution Division II, Fatha, Mirzapur, respondent no.2 inspected the house of the petitioner and without any basis Provisional assessment for Rs.1,13,748/was made and consequently a notice was issued on 11.01.2019 whereby the petitioner was to be present for hearing on 30.12.2018 in the office at 11.00 am. Learned counsel for the petitioner further states that the petitioner has already made a representation/objection before the respondent no.2 but without considering the said representation/objection, impugned recovery certificate dated 04.06.2019 has been issued.

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Considering the facts and circumstances of the case, we grant one more opportunity to the petitioner to appear before the respondent no.2 along with a representation/objection on 20.12.2019 at 11.00 am. In case, such a representation/objection is filed within aforesaid period, the respondent no.2 shall endeavour to decide the said representation/objection within a

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period of four weeks in accordance with law after giving an opportunity of hearing to the petitioner.

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For a period of four weeks, no coercive measure shall be taken against the petitioner for realisation of Rs.1,13,748/- pursuant to the recovery certificate. It is further provided that in case, if the petitioner deposits Rs. 25,000/- with the electricity department within a period of 10 days from today, his electricity connection shall be restored in case it has been disconnected.

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With the aforesaid observation/direction, the writ petition stands disposed of finally.

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Order Date :- 6.12.2019 aks

Ajai Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ajai Kumar v. State of U.P. and 3 Others

Case brief

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