Disposed

Savir Ali v. State of U.P. and 5 Others

Allahabad HC18 Jan 2020WRIC/1646/2020

Case brief

AI extract

What is this about?

The High Court directed the petitioner to appear before the Executive Engineer to oppose the recovery certificate before any coercive action is taken, issuing an interim stay order pending the final reasoned order.

What did the court decide?

Interim stay on coercive action for seven weeks; direction to Executive Engineer to pass a final reasoned order after hearing the petitioner's objections.

Savir Ali Vs State of U.P. and 5 Others — Service and Employment | Allahabad HC (2020)

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Court No. - 32

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Case :- WRIT - C No. - 1646 of 2020

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Petitioner :- Savir Ali Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abu Bakht Counsel for Respondent :- C.S.C.,Pranjal Mehrotra

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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, inter alia, for the following relief:

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"A. Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery certificate bearing reference no. R-2883 dated 25.2.2019 issued by Respondent No. 4, Executive Engineer, Electricity Distribution Division, II, Rampur Paschimanchal Vidyut Vitran Nigam Ltd.

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B. a writ, order or direction in the nature of mandamus directing the respondents not to take any coercive action against the petitioner in pursuance of recovery certificate bearing reference no. R -2883 dated 25.2.2019 issued by respondent no. 4."

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Heard the learned counsel for the petitioner, learned Standing Counsel for State respondents and Mr. Pranjal Mehrotra, learned counsel for the electricity department and perused the record.

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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.

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Considering the facts and circumstances of the case and taking a lenient view in the matter, we direct the petitioner to appear on 5.2.2020 at 11.00 A.M. before the Respondent No. 4, Executive Engineer along with his objection and adduce his evidence, if any, in support of his contention.The Respondent No. 4, 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.

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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

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filing the objection/representation, as indicated herein above, the present interim order shall stand vacated automatically.

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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.

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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.

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The learned counsel appearing on behalf of electricity department is directed to serve a copy of inspection report as well as provisional bill to the petitioner within a period of one week.

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With the above observations, the writ petition stands disposed of.

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Order Date :- 18.1.2020 Rahul Dwivedi/-

Savir Ali v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Savir Ali v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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