Disposed

Shamshad Ali v. State of U.P. and 2 Others

Allahabad HC27 Jan 2021WRIC/569/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a electricity supply bill demand notice. Since the petitioner did not dispute the amount, the Court allowed payment in installments over nine months with a waiver of recovery charges, rather than quashing the notice.

What did the court decide?

Permission to deposit the total amount of Rs. 21,32,135/- in one installment of Rs. 5,00,000/- by 01.03.2021 and seven equal monthly installments thereafter, with waiver of recovery charges.

Shamshad Ali Vs State of U.P. and 2 Others — Consumer Protection | Allahabad HC (2021)

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Court No. - 39

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Case :- WRIT - C No. - 569 of 2021

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Petitioner :- Shamshad Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Faiz Counsel for Respondent :- C.S.C.,Mukesh Kumar Singh

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Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.

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Heard learned counsel for the petitioner, Sri Mukesh Kumar Singh, learned counsel appearing on behalf of respondent no. 2 and learned Standing Counsel appearing on behalf of respondent no. 1.

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The instant writ petition has been filed for the following main reliefs:-

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"(i) Issue a writ, order or direction in the nature of certiorari for quashing the impugned Demand Notice dated 15.01.2020 issued against the petitioner by the respondent no.2/Executive Engineer, Madhyanchal Vidyut Vitran Nigam Ltd. Harunagala, Bareilly (Annexure No. 4 to the writ petition).

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(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2 and 3 not to harass and humiliate the petitioner in any means in pursuance of the Demand Notice dated 15.01.2020.

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(iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to attached any movable or immovable property of the petitioner in pursuance of the Demand Notice dated 15.01.2020.

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(iv) Issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioner to pay the aforesaid amount in easy installments as fixed by this Hon'ble Court."

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Learned counsel appearing on behalf of power corporation submits that the petitioner's representation has already been considered against the assessment made by respondent no.2 and the petitioner is required to deposit amount of Rs.21,32,135/-.

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At this, learned counsel for the petitioner submits that the petitioner is not disputing the amount to be paid, but in case, the indulgence is granted by this Court to deposit the same in easy installments, the petitioner shall abide the terms and conditions as may be made by this Court.

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Learned counsel appearing on behalf of power corporation

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submits that the petitioner has an alternate remedy before the respondent no.2 under Clause 6.14 but he has no objection as this Court may pass order for the easy instalments.

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Considering the facts and circumstances of the case and in the interest of justice, since the petitioner is not disputing the amount to be paid and the respondents are interested in receiving the due amount, as such, this Court is passing the following terms and conditions by which the petitioner shall deposit the entire amount:-

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The first installment of Rs. 5,00,000/- shall be paid by the petitioner within one month on or before 01.03.2021.

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Thereafter, the petitioner shall deposit the remaining amount in equal installments within eight months.

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If the entire amount is deposited by the petitioner as indicated above, no recovery charge shall be realized from him.

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In case of default of the conditions as mentioned above, this order shall stand automatically vacated and recovery proceeding shall revive from that stage.

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The writ petition is disposed of in the above terms.

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Order Date :- 27.1.2021 Ravi/-

Shamshad Ali v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Shamshad Ali v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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