The court directed the petitioner to appear before the Respondent No. 2 and submit objections within four weeks. Coercive action was stayed for seven weeks. The writ petition was disposed of as an interim order providing procedural relief.
Stay of coercive action for seven weeks; direction to appear and submit objections within four weeks.
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Court No. - 32
Case :- WRIT - C No. - 40468 of 2019
Petitioner :- Neeraj Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogendra Kumar Mishra Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
A copy of the provisional assessment as well as checking report has been supplied to the learned counsel for the petitioner today.
This writ petition has been filed, inter alia, for the following relief:
"(i). Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery proceeding against the petitioner."
Heard the learned counsel for the petitioner and Mr. Mahboob Ahmad, learned counsel for the electricity department and perused the record.
Learned counsel for the petitioner has submitted that the respondents are taking coercive action against the petitioner without giving any opportunity of hearing and without following the provisions contained under the U.P. Electricity Supply Code 2005.
Considering the facts and circumstances of the case and taking a lenient view in the matter, we direct the petitioner to appear on 23.12.2020 at 11.00 A.M. before the Respondent No. 2, Executive Engineer along with his objection and adduce his evidence, if any, in support of his contention.The Respondent No. 2, thereafter, shall pass a final order by a speaking and reasoned order after considering the objections of the petitioner as well as the contention raised by the petitioner within a period of four weeks thereafter.
For a period of seven weeks from today or till the disposal of the representation/objection, whichever is earlier, no coercive action shall be taken against the petitioner. In case of default in filing the objection/representation, as
indicated herein above, the present interim order shall stand vacated automatically.
In case the petitioner is aggrieved with the final order, if any, 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.
It is made clear that in case the petitioner does not appear on the said date fixed, the impugned recovery citation shall stand revived automatically.
With the above observations, the writ petition stands disposed of.
Order Date :- 9.12.2019
vinay
2 issues framed by the court
Whether coercive recovery proceedings against the petitioner can be quashed in view of lack of opportunity of hearing?
Whether an opportunity of hearing should be given to the petitioner before proceeding with the recovery?
2 provisions across 2 enactments
Neeraj Kumar
State Of U.P.
2nd Respondent
Shashi Kant Gupta
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
