Court No. - 3
Case :- WRIT - C No. - 27847 of 2021 Petitioner :- Rajpal Respondent :- State of U.P.
Counsel for Petitioner :- Dwijendra Prasad Counsel for Respondent :- C.S.C.,Alok Mishra 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 electricity dues Rs. 81,767/- being pressed against the petitioner.
3. The petitioner is disputing the bill for electricity dues dated 11.01.2021 demanding Rs. 81,767/-. According to the petitioner, for the same date, bill for Rs. 24,000/- was also raised. Against that Bill, the petitioner had deposited Rs. 11,000/-. For the balance amount, he has represented, which is still pending before the respondent no. 2 for consideration.
4. At present, petitioner has been visited with demand notice dated 11.01.2021. It also appears that the petitioner has not been confronted with adverse material and has yet not been properly heard.
5. In such facts, no useful purpose would be served in keeping the petition pending or calling for a counter affidavit, at this stage.
6. Accordingly, the writ petition is disposed of with the following directions:
(i) subject to the petitioner depositing a sum of Rs. 13,000/- within a period of two weeks from today i.e. not later than 10 November 2021, the respondent no. 2 shall make available to the petitioner all adverse material that is being relied in support of the demand dated 11.01.2021 (annexed as Annexure No. 3 to the petition);
(ii) upon being thus confronted with the adverse material, the petitioner shall have a right to file a detailed objection 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. 2 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.
7. For a period of three 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.
8. All further recovery shall abide by the decision to be made by the respondent no. 2.
Order Date :- 25.10.2021 Saurabh
Digitally signed by NAHEED ARA MOONIS Date: 2021.10.26 10:49:41 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.10.26 10:50:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad