Disposed

Babu Haji @ Babu v. State of U.P. and 2 Others

Allahabad HC3 Jan 2020WRIC/33353/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an impugned recovery certificate. The court directed the petitioner to appear before the Executive Engineer to have his objections considered in a final reasoned order. An interim stay on coercive action was granted until the objection is disposed of.

What did the court decide?

Stay on coercive action granted; direction to file appeal under Sec. 127 of Electricity Act, 2003, if aggrieved by final order.

Babu Haji @ Babu Vs State of U.P. and 2 Others — Service and Employment | Allahabad HC (2020)

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Court No. - 32

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Case :- WRIT - C No. - 33353 of 2019

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Petitioner :- Babu Haji @ Babu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shabeena Begum,Ashiyam Nasir 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, interalia, for the following reliefs:-

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"(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery certificate dated 24.06.2019 passed by the respondent no. 2.

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(b) Issue a writ, order or direction in the nature of mandamus to direct the respondents not to adopt illegal coercive action and with the recovery proceeding against the petitioner."

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Heard learned counsel for the petitioner, Sri Anjani Kumar Mishra holding brief of Sri Pranjal Mehrotra, learned counsel appearing on behalf of the Electricity Department and perused the record.

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Learned counsel for the petitioner has stated that in pursuance of the provisional assessment order made by the respondent no. 3, he has already filed his objection but no final order has yet been passed by the concerned authority.

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Considering the facts and circumstances of the case, we direct the petitioner to appear on 17.01.2020 at 11.00 A.M. before the Respondent No.3, Executive Engineer along with his

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objection already filed by him and adduce his evidence, if any, in support of his contention.The Respondent No.3, 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 six 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.

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

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Order Date :- 3.1.2020 Arun

Babu Haji @ Babu v. State of U.P. and 2 Others

Case brief

What is this about?

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Babu Haji @ Babu v. State of U.P. and 2 Others

Case brief

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