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Omkar Verma vs State Of U.P. Thru Prin. Secy. ...

High Court Of Judicature at Allahabad|30 August, 2019

JUDGMENT / ORDER

Hon'ble Manish Mathur,J.
(Oral)
1. This petition seeks issuance of a writ in the nature of certiorari quashing recovery proceedings initiated by way of order dated 20.3.2019 and consequential recovery citation dated 4.6.2019.
2. We have taken notice of the fact that recovery is sought to be affected in regard to alleged arrears of payment of electricity dues.
3. In para 6 of the petition, the petitioner has taken the plea that he received notice reflecting provisional assessment dated dated 30.1.2019 calling for an explanation for the purposes of making final assessment.
In para 8 of the petition, it has been pleaded that the petitioner submitted a detailed reply to the notice in which all the relevant facts were stated and it was prayed that the recovery proceedings be dropped.
It is strange that the petitioner has no where pleaded as regards the decision taken on the reply of the petitioner.
4. Learned counsel for respondents 2, 3 and 4 Mr. Rajiv Singh Chauhan, on the basis of written instructions taken on record has pointed out that a decision indeed was taken making assessment of the amount due, after considering reply of the petitioner. The decision was duly conveyed to the petitioner.
Mr. Chauhan has vehemently argued that a consequential citation and recovery notice have been challenged. The main order under which assessment has been made has not been challenged, therefore, the writ is not required to be adjudicated.
5. Considering the facts and circumstances of the case as brought out by learned counsel for respondents, learned counsel for the petitioner states that let this petition be dismissed. The petitioner will file proper petition while assailing relevant orders.
6. Ordered accordingly.
Order Date :- 30.8.2019 kkb/
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Title

Omkar Verma vs State Of U.P. Thru Prin. Secy. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 August, 2019
Judges
  • Ajai Lamba
  • Manish Mathur