Case :- WRIT - C No. - 25007 of 2020 Petitioner :- Danish Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Vashistha Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, Ms Usha Kiran, learned counsel appearing on behalf of respondent No. 2 and learned Standing Counsel representing the State.
The instant writ petition has been filed seeking the following relief:
"1. Issue a writ, order or direction in the nature of certiorari quashing the recovery citation/assessment notice dated 04.11.2019 amounting to Rs. 1,25,237/- issued by respondent No. 3 against the petitioner.
2. Issue a writ, order or direction in the nature of mandamus directing the respondents not to recover the amount of Rs. 1,25237/- by way of recovery citation/assessment notice dated 04.11.2019 issued by respondent No. 3 and also for a direction to the respondents not to harass or take any coercive measure against the petitioner."
The grievance of the petitioner is that coercive action has been initiated against the petitioner while the first information report was lodged against one Nadeem Ahmad under Section 135 of the Electricity Act and as such the entire proceeding initiated against the petitioner is vitiated in law.
It is submitted by the learned counsel for the Power Corporation that since highly disputed question of facts are involved in the present case, hence the petitioner has an alternative remedy to approach the respondent No. 3 by moving a representation, who shall decide the same within the time frame as may be fixed by this Court.
Considering the submissions advanced by the learned counsel for the parties, without expressing any opinion on the merits of the case, it is provided that in case the petitioner moves a fresh representation within two weeks from today before respondent No. 3, the same shall be considered and decided by a speaking and reasoned order within four weeks thereafter.
In the meantime, no coercive action shall be taken against the petitioner pursuant to the recovery citation.
stipulated period of two weeks, the benefit of this order shall not be available to the petitioner.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 8.1.2021 Ishrat