Court No. - 3
Case :- WRIT - C No. - 28338 of 2021 Petitioner :- Gausul Khan Respondent :- State Of U.P And 4 Others Counsel for Petitioner :- Gaurav Tiwari,Tanveer Zafar Khan Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. Challenge has been raised to the order dated 20.04.2021, raising demand of electricity dues Rs.1,15,701/-.
3. While the petitioner disputes that liability, learned counsel for the respondents states that the dues have been determined in accordance with law. In any case, no opportunity to object to the same was granted to the petitioner before pressing the instant demand.
4. Accordingly, present writ petition is disposed of with the following directions:-
(i) subject to the petitioner depositing a sum of Rs.30,000/- before respondent no.4, within a period of two weeks from today, the said respondent shall make available to the petitioner all adverse material that is being relied in support of the impugned communication;
(ii) upon being thus confronted with the adverse material, the petitioner shall have a right to file a detailed objection to the action proposed by the respondent no.4 within a further period of two weeks therefrom annexing therewith all material as the petitioner may seek to rely on;
(iii) upon receipt of such objection, the said respondent no.4 shall fix a date for hearing in the matter within a period of two weeks therefrom and pass appropriate and reasoned order, strictly in accordance with law, after hearing the parties within a period of two weeks therefrom.
5. For a period of two months from today or till disposal of the aforesaid objection, whichever is earlier, no coercive measure shall be adopted against the petitioner, subject to his complying with the terms of this order.
6. All further recovery shall abide by the decision to be made by the respondent-corporation.
Order Date :- 28.10.2021 S.Chaurasia Digitally signed by NAHEED ARA MOONIS Date: 2021.10.29 18:26:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.10.29 18:27:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad