Court No. - 4
Case :- WRIT - C No. - 39053 of 2019 Petitioner :- Lakhan Singh Respondent :- Managing Director Dakshinanchal Vidyut Vitran Nigam Ltd. And 3 Others Counsel for Petitioner :- Jagdish Prasad Patel Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner, learned Standing counsel for the respondent no. 2 and Sri S. K. Tripathi, Advocate holding brief of Sri Baleshwar Chaturvedi, learned counsel appearing for the respondent nos. 1 and 2.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned recovery citation dated 31.07.2019 issued by the respondent no. 4 against the petitioner regarding theft of electricity amounting to Rs. 2,18,584/- (Annexure-1 to the writ petition).
Learned counsel for the petitioner has submitted that the petitioner is ready to pay the entire amount due against him but his current financial condition is not such so as to enable him to pay the amount due against him which is sought to be recovered at one stroke. However, he is ready and willing to deposit the entire amount mentioned in the impugned recovery citation dated 31.07.2019 in such installments as this Hon'ble court may deem fit and proper.
Sri S. K. Tripathi, Advocate holding brief of Sri Baleshwar Chaturvedi, learned counsel appearing for the respondent nos. 1 and 2 has no objection to the aforesaid prayer made by the petitioner's counsel subject to the condition that the entire amount be deposited in four equal quarterly installments.
In view of the above, without expressing any opinion on the merits of the case, we dispose of this writ petition with the direction that in case the petitioner deposits the entire amount as mentioned in the impugned recovery citation due against him in four equal quarterly installments, no coercive action shall be taken against the petitioner pursuant to the impugned recovery citation dated 31.07.2019. The first installment shall be payable on or before 31st January, 2020.
In case of default in the payment of any installment, this writ petition shall stand dismissed automatically without any further reference to the Court and the petitioner shall not be entitled to any benefit of this order.
Order Date :- 29.11.2019 SA