Disposed

Manvendra Kumar Dubey v. State of U.P. and 5 Others

Allahabad HC14 Dec 2020WRIC/21574/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding recovery proceedings initiated against the petitioner. The court directed the Executive Engineer to consider pending objections and pass a fresh reasoned order within four weeks, keeping the recovery subject to that future order.

What did the court decide?

Directed Respondent No. 3 to consider pending objections and pass a fresh reasoned order within four weeks; recovery proceedings to abide by such order.

Manvendra Kumar Dubey Vs State of U.P. and 5 Others — Allahabad HC (2020) — LawSathi Research

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Court No. - 46

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Case :- WRIT - C No. - 21574 of 2020

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Petitioner :- Manvendra Kumar Dubey Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Arpit Agarwal,C.K.Parekh(Senior Adv.) Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari

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Hon'ble Naheed Ara Moonis,J. Hon'ble Vivek Varma,J.

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Heard Sri C. K. Parekh, learned Senior Advocate assisted by Sri Arpit Agarwal, learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1, 5 and 6 and Sri Narendra Kumar Tiwari, learned counsel for the respondent nos. 2, 3 and 4.

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The petitioner has approached this court by filing Writ-C No. 26575 of 2019 against the recovery proceedings initiated against him pursuant to the provisional assessment order dated 18.6.2018 wherein the Coordinate Bench of this Court has passed the following order;

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"Submission of Sri C.K. Parekh, Senior Counsel appearing for the petitioner is that without deciding his objections filed against the provisional assessment, straightaway impugned recovery citation dated 25.05.2019 for a sum of Rs.6,91,332/- has been sent to the petitioner.

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There is no dispute to the fact that the petitioner has filed objections against the provisional assessment on 22.06.2019 and the same has not been disposed of.

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In view of the aforesaid facts and circumstances, the writ petition is disposed off with the direction to the respondent no.4 to consider and decide the aforesaid objections of the petitioner in accordance with law most expeditiously preferably within a period of one month from the date a copy of this order is produced before him.

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The recovery shall abide by the order so passed by the Executive Engineer concerned."

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The learned counsel for the petitioner submits that in the objection dated 22.6.2019 the petitioner has asked for the copy of the checking report to enable him to submit the objection. He submits that without supplying the copy of the checking report and the documents desired by the petitioner the Executing Engineer, Electricity Distribution Division IInd, Purvanchal Vidyut Vitran Nigam Limited, Fataha, Mirzapur had passed the order dated 18.12.2019. The said order does not contain

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any reason nor the objection of the petitioner has been considered.

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The learned counsel appearing for the power corporation could not establish that the objections of the petitioner were duly considered while passing the impugned order dated 18.12.2019. He submits that the matter may be remitted back to the Executive Engineer, Electricity Distribution Division IInd, Purvanchal Vidyut Vitran Nigam Limited, Fataha, Mirzapur to pass a fresh order after considering the objections of the petitioner.

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Considering the facts and circumstances of the case but without entering into the merits of the case the writ petition is disposed of with the direction to the respondent no. 3 Executive Engineer, Electricity Distribution Division IInd, Purvanchal Vidyut Vitran Nigam Limited, Fataha, Mirzapur to pass a fresh reasoned and speaking order after considering the objections of the petitioner admittedly pending before the said respondent in accordance with law within a period of four weeks from today.

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The recovery proceeding shall be subject to the order so passed by the respondent no. 3 the Executive Engineer concerned.

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Order Date :- 14.12.2020 Shahnawaz

Manvendra Kumar Dubey v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Manvendra Kumar Dubey 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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