Court No. - 3
Case :- WRIT - C No. - 17620 of 2021 Petitioner :- Rakesh Kumar Respondent :- State Of U P And Another Counsel for Petitioner :- Lavkush Kumar Bhatt Counsel for Respondent :- C.S.C.,Madan Mohan Chaurasisa Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Lavkush Kumar Bhatt, learned counsel for the petitioner; learned Standing Counsel for the State-respondent and Shri Madan Mohan Chaurasia, learned counsel for the Corporation.
2. Challenge has been raised to the recovery proceedings pending against the petitioner, seeking recovery of Rs.1,50,606/- 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.30,000/- (Thirty Thousand) within a period of two weeks' from today before the respondent no. 2, the said respondent shall make available to the petitioner all adverse material that is being relied in support of the notice dated 9.1.2021 (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.2 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.
5. 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.
6. All further recovery shall abide by the decision to be made by the respondent-corporation.
Order Date :- 29.7.2021 Saurabh