Ashish Vs State of U.P. and 2 Others

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Court No. - 39 Case :- WRIT - C No. - 1432 of 2021 Petitioner :- Ashish Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shridhar Tripathi Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.

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A supplementary affidavit filed by the learned counsel for the petitioner is taken on record.

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Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel for the respondent no.1 and Mr. Narendra Kumar Tiwari, learned counsel representing the respondent nos.2 & 3.

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The instant petition has been filed seeking following relief:

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"i) Issue a writ, order or direction in the nature of certiorari quashing kthe impugned recovery notice dated 17.12.2020 issued by the respondent no.2 i.e. Poorvanchal Vidyut Vitran Nigam Limited, Bulandshahr, Jaunpur through its Executive Engineer."

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Learned counsel for the respondent nos.2 & 3-Power Corporation submits that petitioner has a remedy to approach the authority concerned under Clause 6.5 of the U.P. Electricity Supply Code, 2005. He further submits that in case the petitioner approaches the said authority, the competent authority shall consider the same and pass appropriate order within the stipulated period.

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Considering the facts and circumstances of the case, the petitioner is directed to approach the competent authority under Clause 6.5 of the Electricity Supply Code, 2005 within 15 days from today by making a fresh representation, which shall be considered and decided by the authority concerned in accordance with law within a period of one month thereafter after giving due opportunity of hearing to the petitioner.

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Till the final decision is taken by the competent authority, no coercive action shall be taken against the petitioner.

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

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Order Date :- 3.2.2021 M. Tariq

Ashish v. State of U.P. and 2 Others

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Ashish v. State of U.P. and 2 Others

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