Court No. - 3
Case :- WRIT - C No. - 16643 of 2021 Petitioner :- Kamta Prasad @ Kanta Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Kumar Pandey Counsel for Respondent :- C.S.C.,Chetan Chatterjee Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Saurabh Kumar Pandey, learned counsel for the petitioner; learned Standing Counsel for the State- respondent and Shri Chetan Chatterjee, learned counsel appearing for respondent-Corporation.
2. Challenge has been raised to the recovery proceedings pending against the petitioner, seeking recovery of Rs. 2,48,338/- along with other charges towards electricity dues.
3. On similar facts, by a separate order passed in Writ - C No. 17098 of 2021, we have disposed of that writ petition with directions including filing of proper objections and consideration of the same before further recoveries may be made.
4. For the reasons contained in that order, the present writ petition is also disposed of on the following terms :
(i) subject to the petitioner depositing a sum of Rs. 50,000/- (fifty thousand) within a period of two weeks' from today i.e. not later than 16 August, 2021, the respondent no.4 shall make available to the petitioner all adverse material that is being relied in support of the recovery citation dated 29.06.2019 (annexed as Annexure No.4 to the petition);
(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 one month 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 :- 30.7.2021 Saurabh