Court No. - 29
Case :- WRIT - C No. - 18938 of 2019 Petitioner :- Ashraf Ali Respondent :- State Of U.P. Through D.M. And 5 Others Counsel for Petitioner :- Km. Surabhi,Santosh Yadav Counsel for Respondent :- C.S.C.,Amit Krishna,Pranjal Mehrotra
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard Sri Santosh Yadav, learned counsel for the petitioner, learned Standing Counsel and Sri Pranjal Mehrotra, learned counsel for respondents no.4, 5 and 6.
The petitioner has preferred this writ petition against the attachment order dated 9.5.2019 and for not taking any further action in pursuance thereof.
The attachment order directs for attaching only some movable properties of the petitioner such as compressor, electricity meter, alternator, diesel engine, 6 cylinder, gear box, factory pipe & cooling compressor.
It appears that the petitioner was involved in the theft of electricity energy in respect whereof after provisional assessment final assessment was made and a demand of Rs.55 lacs was raised against the petitioner. The petitioner has challenged the said demand by filing a Original Suit No.476 of 2017, which is pending in the court of Civil Judge (Senior Division). The petitioner by means of this writ petition in the garb of challenging the attachment order wants that the respondents should be restrained from realizing the aforesaid dues at least during the pendency of the above suit.
The prayer as made during the course of argument is completely misconceived in as much as no such relief of injunction in respect of a matter which is pending consideration before the civil court can be considered and granted in exercise of writ jurisdiction.
This apart the order of attachment is not of such a nature which may result in miscarriage of justice warranting interferes by us in exercise of discretionary jurisdiction.
Accordingly we find no merit in the petition and the same is dismissed.
Order Date :- 29.5.2019 Pramod Tripathi