Writ petition challenging recovery citation linked to electricity dues. Court held objection to recovery must be decided by respondent authorities and stayed recovery pending determination.
Stay on recovery order for 4 weeks contingent on filing objection within 2 weeks; respondent adjudicates objection within subsequent 2 weeks.
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Court No. - 21
Case :- WRIT - C No. - 34899 of 2022
Petitioner :- Shivnath Vishwakarma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Alok Kumar Gupta Counsel for Respondent :- C.S.C.,Sushil Kumar Pandey
Hon'ble Manoj Kumar Gupta,J. Hon'ble Vikram D. Chauhan,J.
The instant petition has been filed challenging the recovery citation dated 26.5.2022 issued by Tehsildar, Bhadohi and the order dated 5.03.2021 passed by Executive Engineer, Electricity Distribution Division Gopiganj, Bhadohi addressed to District Magistrate, Bhadohi requesting for amendment of the recovery certificate.
Initially, it seems that a recovery certificate was issued by the Electricity Department on 5.02.2021 for a sum of Rs.4,86,810/-. It was in the name of Sri Nath Vishwakarma. By impugned communication dated 11.5.2022, the Executive Engineer has requested the District Magistrate to amend the recovery certificate and in place of Sri Nath Vishwakarma, name of the petitioner-Shiv Nath Vishwakarma be substituted as it is stated that at the time of local inspection, it was found that the electricity connection in respect of which electricity dues are sought to be recovered, is being used by the petitioner.
Learned counsel for the petitioner submits that the petitioner had never taken the said connection and has no concern with the same. The electricity connection in his house is in the name of his son Manoj Kumar in respect of which there is no electricity dues.
Learned counsel for the respondents was granted time to obtain instructions on 5.01.2023. Today, he seeks further time to obtain instructions.
In our opinion, no purpose will be served in keeping the matter pending, as the objection of the petitioner that he has no concern with the electricity connection in question, requires to be decided at the first instance by respondent no.3.
Accordingly, we dispose of the instant petition by providing that the petitioner shall file objection alongwith true attested copy of the instant order within two weeks from today before respondent no.3 and in which event, he will decide the same by means of a speaking order within next two weeks. For a period of four weeks, the impugned recovery will remain in abeyance
and thereafter will abide by the decision that would be taken by respondent no.3 on the objection of the petitioner.
In case, the petitioner fails to file the objection within time frame stipulated above, the instant order will lapse automatically and it will be open to the respondents to proceed further in the matter in accordance with law.
(Vikram D. Chauhan, J.) (Manoj Kumar Gupta, J.) Order Date :- 23.1.2023 SL
Digitally signed by :- SHYAM LAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner has standing to object to the recovery of electricity dues from a connection he claims he does not own or use.
Shivnath Vishwakarma
State Of U.P.
4 Others
Manoj Kumar Gupta
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
