Disposed

Riyasat Hussain v. State of U.P. and 4 Others

Allahabad HC16 Dec 2019WRIC/41610/2019

Case brief

AI extract

What is this about?

The High Court permitted the petitioner to withdraw an appeal filed with the State Electricity Commission and directed him to file an appeal before the Divisional Commissioner. The Court issued a stay on limitation periods for the fresh appeal to be decided in accordance with law.

What did the court decide?

Allowed the petitioner to withdraw the appeal pending before the State Electricity Commission and permitted him to file an appeal before the Divisional Commissioner within one week without regard to l

Riyasat Hussain Vs State of U.P. and 4 Others — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 1

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Case :- WRIT - C No. - 41610 of 2019

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Petitioner :- Riyasat Hussain Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Tariq Naiyer,Shahabuddin,Zafar M. Naiyer (Sr. Adv.) Counsel for Respondent :- C.S.C.,Abhishek Srivastava,Pranjal Mehrotra

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Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.

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Heard Sri Zafar M. Naiyer, learned Senior Advocate assisted by Sri Himanshu Kumar, learned counsel appearing for the petitioner, Sri Pranjal Mehrotra, learned Counsel appearing for the respondent nos.3, 4 and 5, Sri Abhished Srivastava, learned counsel appearing for respondent no.2 and learned Standing Counsel for the respondent no.1 and perused the record.

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By means of the present petition under Article 226 of the Constitution of India, the petitioner has sought relief in the nature of mandamus commanding the respondents-appellate authority to consider and decide the pending interim stay application of the petitioner in the light of the direction issued by this Court dated 26.3.2019 in writ petition no.9367 of 2019.

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Learned counsel for the respondents has pointed out that the petitioner ought to have approached the Divisional Commissioner, Moradabad who is the appellate authority against the final assessment order by filing an appeal under Section 127 of the Indian Electricity Act, 2003. However, the petitioner has approached the State Electricity Commission, Shakti Bhawan, Lucknow but neither the appeal nor interim application filed by the petitioner is being looked into for want of authority.

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On being confronted with the query as to why the petitioner has not approached the Divisional Commissioner, Moradabad, learned counsel for the petitioner states that he may be afforded one opportunity to withdraw the appeal from the State Electricity Commission, Shakti Bhawan, Lucknow to file an appeal before the appropriate forum for consideration of his grievance in the light of the direction issued by this Court dated 26.3.2019 (Supra).

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Learned counsel for the respondent-corporation does not have any objection nor respondent no.2 has any objection in the matter.

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In such above view of the matter the petitioner is permitted to withdraw the appeal pending before the State Electricity Commission, Shakti Bhawan, Lucknow within the period of two weeks and he may file an appeal before the Divisional Commissioner, Moradabad within a period of one week thereafter.

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It is further provided that if the petitioner prefers an appeal before the Divisional Commissioner, Moradabad under Section 127 of the Indian Electricity Act, 2003, as directed

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hereinabove, the same shall be dealt with in accordance with law and shall not be dismissed on the ground of limitation and the appellate authority shall abide the direction issued by this Court dated 26.3.2019 in writ petition no.9367 of 2019. This petition accordingly stands disposed of.

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(Ajit Kumar, J.) (Ramesh Sinha, J.)

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Order Date :- 16.12.2019 Gaurav

Riyasat Hussain v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Riyasat Hussain v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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