Disposed

Rewati Lal v. State of U.P. and 2 Others

Allahabad HC10 Jan 2020WRIC/749/2020

Case brief

AI extract

What is this about?

The High Court granted an interim order suspending coercive recovery proceedings pending the petitioner's opportunity to object. The court directed the authority to hear the petitioner and pass a reasoned order within four weeks, while reserving the petitioner's right to appeal later.

What did the court decide?

Interim stay on coercive recovery proceedings; direction to authority to hear objections and pass a reasoned order within four weeks.

Rewati Lal 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. - 749 of 2020

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Petitioner :- Rewati Lal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Singh Parmar,Sudhir Kumar Singh Parmar Counsel for Respondent :- C.S.C.,Krishna Agarawal

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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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" I. Issue a writ, order or direction in the nature of certiorari to quashing the recovery proceedings against the petitioner in pursuance of the recovery citation dated 29.11.2019 issued by Respondent No. 3 (Annexure No. 2 to the writ petition). "

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Heard the learned counsel for the petitioner and Mr. Baleshwar Chaturvedi and Sri Krishna Agarawal, 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 28.1.2020 at 11.00 A.M. before the Respondent No. 2, Executive Engineer along with his objection and adduce his evidence, if any, in support of his contention. The Respondent No. 2, 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 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

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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 :- 10.1.2020

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vinay

Rewati Lal v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Rewati Lal v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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