Disposed

Gauri Shankar v. State of U.P. and Another

Allahabad HC6 Dec 2019WRIC/40169/2019

Case brief

AI extract

What is this about?

Petitioner was served notice for dues but accepted liability, seeking installment payment. Court directed petitioner to apply to Executive Engineer under Electricity Code, 2005 within two weeks; authority to decide within four weeks. No coercive action for six weeks.

What did the court decide?

Petitioner to apply for installments to Executive Engineer within two weeks; six-week stay on coercive action.

Gauri Shankar Vs State of U.P. and Another — Service and Employment | Allahabad HC (2019)

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Court No. - 32

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Case :- WRIT - C No. - 40169 of 2019

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Petitioner :- Gauri Shankar Respondent :- State of U.P. and Another Counsel for Petitioner :- Arunesh Singh Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi

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

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This writ petition has been filed, interalia, for the following reliefs:

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"(1) Issue a writ, order or direction in the nature of certiorari to quash the impugned notice dated 31.05.2019 issued by the Respondent No.2 ( Annexure no.5 to the writ petition).

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(2) Issue a writ, order or direction in the nature of mandamus directing the respondent not to give effect to the impugned notice dated 31.05.2019 issued by the respondent no.2 to the petitioner.

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(3) 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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(4) Award cost of petition in favour of the petitioner".

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Heard learned counsel for the petitioner, Sri Baleshwar Chaturvedi, learned counsel appearing on behalf of the Electricity Department and perused the record.

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Learned counsel for the petitioner submits that the petitioner accepts the entire liability and he is ready to pay the entire amount provided some instalments are fixed.

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Sri Baleshwar Chaturvedi, learned counsel for the Electricity Department, submits that under Paragraph 6.14 of the Electricity Code, 2005, the Executive Engineer is vested with the powers for fixing instalments and therefore, the petitioner may approach the Executive Engineer.

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The writ petition is disposed of with the observation that in case, the petitioner makes an application to the Executive Engineer with regard to payment in instalments as provided under Paragraph 6.14 of the Electricity Code, 2005 within a period of two weeks from today, the Executive Engineer may consider the claim of the petitioner and pass appropriate orders in accordance with law within a period of four weeks thereafter.

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For a period of six weeks, no coercive action shall be taken against the petitioner.

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Order Date :- 6.12.2019 aks

Gauri Shankar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Gauri Shankar v. State of U.P. and Another

Case brief

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What did the court decide?

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