In this writ petition seeking quashing of a recovery certificate for electricity dues, the Court disposed of the matter after respondents admitted the certificate was issued by mistake and subsequently withdrawn, with disciplinary action initiated against the concerned officer.
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Court No. - 21
Case :- WRIT - C No. - 38315 of 2022
Petitioner :- Shabbir Ahamad Respondent :- Collector, District Allahabad And 4 Others Counsel for Petitioner :- Atmaram Singh Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari
Hon'ble Manoj Kumar Gupta,J. Hon'ble Vikram D. Chauhan,J.
The instant petition has been filed praying for quashing of the notice/recovery certificate dated 25.11.2022 issued by respondent No. 4 for recovery of electricity dues from the petitioner.
The case of the petitioner is that his connection was permanently disconnected in 1995 and consequently the recovery certificate is illegal.
Sri N.K. Tiwari, learned counsel for the respondent No. 4, after receiving instructions, made a statement before the Court that the recovery certificate was issued by mistake. We therefore, directed the Managing Director, Purvanchal Vidhut Vitran Nigam Limited to file his personal affidavit and explain how the recovery certificate was issued when no amount was due against the petitioner.
In compliance of the said order, the Managing Director, P.V.V.N.L. has filed his affidavit stating that in a preliminary inquiry held, it transpired that the Executive Engineer of the Division is prima facie guilty of lapses and by OM. No. 177 dated 16.01.2023 an inquiry has been ordered against him. It is also stated that he has issued general direction to all officers to ensure strict compliance of the provisions of the Electricity Supply Code, 2005 and also verify correct facts from the record before issuing any recovery.
Sri N.K. Tiwari, learned counsel appearing on behalf of respondent-Electricity Department states that the recovery certificate has been withdrawn.
Having regard to the aforesaid stand of the respondents we dispose of the petition in terms thereof.
(Vikram D. Chauhan, J.) (Manoj Kumar Gupta, J.)
Order Date :- 19.1.2023//Ruhi
Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad
Shabbir Ahamad
Collector, District Allahabad
4 Others
Manoj Kumar Gupta
Vikram D. Chauhan
As recorded by the court registry
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