Petitioner challenged recovery citations alleging incorrect amounts. Court granted 15 days to file objections, requiring respondent to pass a speaking order before coercive recovery.
Petitioner granted 15 days to file objections; respondent to decide via speaking order before recovery.
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Court No. - 21
Case :- WRIT - C No. - 2536 of 2023
Petitioner :- Brhamanand Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sarvesh Kumar Pandey Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi,Paras Nath Rai
Hon'ble Manoj Kumar Gupta,J. Hon'ble Vikram D. Chauhan,J.
The petitioner has challenged the recovery citations dated 06.11.2019 and 27.11.2022 on several grounds and one amongst them being that the citation dated 06.11.2019 was for a sum of Rs. 2,10,615/-, while the citation dated 27.11.2022 is for 5,00,443/-. It is contended that within three years, the amount cannot swell to more than two times.
Sri P.N. Rai, learned counsel appearing on behalf of the respondents Electricity Department submits that the petitioner was having two separate electricity connections. He states that in case any objection is filed by the petitioner against the impugned recovery, the same will be decided before any coercive action is taken against the petitioner
In our opinion, it will sub-serve the interest of justice.
Accordingly, we dispose of the instant petition by providing the petitioner shall file objections against the impugned citations within 15 days from today and in which event, the same shall be decided by respondent No. 2 by means of a speaking order before proceeding to recover any amount in pursuance of the impugned citations.
(Vikram D. Chauhan, J.) (Manoj Kumar Gupta, J.)
Order Date :- 25.1.2023 Ruhi
Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad
Brhamanand
State Of U.P.
Electricity Department
Manoj Kumar Gupta
Vikram D. Chauhan
As recorded by the court registry
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