Disposed

Owaish Alam v. State of U.P. and 3 Others

Allahabad HC14 Jan 2020WRIC/566/2020

Case brief

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What is this about?

The Court disposed of a writ petition seeking quashing of a recovery certificate. It directed the petitioner to file an appeal under Section 127 of the Electricity Act, 2003 by depositing 50% of the amount and warned that failure to do so would preclude benefits of the order.

What did the court decide?

Petitioner directed to file appeal under Section 127 of the Electricity Act, 2003 by depositing 50% of assessment amount.

Owaish Alam Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2020)

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Court No. - 32

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Case :- WRIT - C No. - 566 of 2020

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Petitioner :- Owaish Alam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Zafar Abbas Counsel for Respondent :- C.S.C.

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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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"(I) Issue a writ in the nature of certiorari to quash the impugned recovery certificate dated 15.10.2019 issued by respondent no. 4 (Annexed as annexure no. 1 to the writ petition).

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(II) Issue a writ in the nature of mandamus commanding the Respondent's not to take any coercive action in pursuance of Recovery Certificate dated 15.10.2019."

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Heard learned counsel for the parties and perused the record.

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Shri Pranjal Mehrotra, learned counsel for the Nagar Nigam states that pursuant to the order dated 24.08.2018 passed by this Court in Writ C No. 28594 of 2018, the petitioner's representation has been decided vide order dated 13.01.2020 by Executive Engineer, Moradabad.

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Per contra, learned counsel for the petitioner states that he has not received any letter/order as stated by the learned counsel for the Electricity Department.

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Today, copy of the order dated 13.01.2020 has been served upon the learned counsel for the petitioner by Shri Pranjal Mehrotra.

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Be that as it may, the final assessment order has already been passed in the matter and petitioner has got an alternative remedy to file an appeal under Section 127 of The Electricity Act, 2003.

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It is provided that in case the petitioner files an appeal within a period of 15 days from today, after deposing 50% of the assessment amount as per section 127 of the Electricity Act, 2003, his appeal shall be entertained without taking objection to the period of limitation, expeditiously, preferably, within a period of six weeks from the date of filing of the appeal.

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It is made clear that in case the appeal is not filed within the

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period provided by this Court, the petitioner will not be entitled to seek any benefit from the order passed by this Court today.

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With this observation, this petition stands finally disposed of.

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Order Date :- 14.1.2020 Amit Mishra

Owaish Alam v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Owaish Alam v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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