Court No. - 39
Case :- WRIT - C No. - 25154 of 2020 Petitioner :- Rajesh Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhat Kumar Singh Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent no. 1 and Sri N.K.Tiwari, learned counsel for respondent nos. 2, 3 & 4.
Instant writ petition has been filed with the following reliefs :
"i. issue a writ, order or direction in the nature of certiorari quashing the impugned demand notice dated 29.6.2020 issued by the respondent no. 2 i.e. Executive Engineer (Prescribed Authority), Vidyut Gramin/Nagriya Vitran Khand, Purvanchal Vidyut Vitran Nigam Limited, during the pendency of the present writ petition.
ii. issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the representation of the petitioner dated 09.07.2020 pending before the respondent no. 2 within stipulated time frame fixed by this Hon'ble Court.
iii. issue a writ, order or direction in the nature of mandamus directing the respondents not to harass the petitioner as well as his family members by going in the house of the petitioner.
iv. ........
v "
At the very outset, learned counsel for the petitioner submits that the petitioner's representation is pending before the respondent no. 2 - Executive Engineer (Prescribed Authority), Vidyut Gramin/Nagriya Vitran Khand, Purvanchal Vidyut Vitran Nigam Limited, Azamgarh which is annexed as annexure-4 to the writ petition, since 9.7.2020.
Learned counsel for the Power Corporation fairly submits that in case some reasonable time is allowed, the representation of the petitioner shall be considered by the respondent no. 2 within a stipulated time.
Considering the submissions advanced by learned counsel for the parties and without entering into the merit of the case, the writ petition is disposed of with the direction to the Executive Engineer (Prescribed Authority), Vidyut Gramin/Nagriya Vitran Khand, Purvanchal Vidyut Vitran Nigam Limited, Azamgarh to consider the petitioner's representation dated 9.7.2020 and pass a reasoned and speaking order within a period of six weeks from the production of a copy of this order. In the meantime, no coercive steps shall be taken against the petitioner in pursuance of the recovery citation.
Order Date :- 8.1.2021 nd