Court No. - 3
Case :- WRIT - C No. - 33726 of 2021 Petitioner :- Salik Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yadvesh Yadav Counsel for Respondent :- C.S.C.,Chetan Chatterjee
Hon'ble Manoj Kumar Gupta,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Counsel for the respondent points out that Executive Engineer, Electricity Distribution Division-II, Mau is the relevant authority who had issued the impugned recovery, whereas the petitioner has impleaded Executive Engineer, Electricity Distribution Division-I, Mau as respondent no. 2.
In view of the above, counsel for the petitioner is permitted to carry out correction in the cause title.
Heard counsel for the petitioner, learned Standing Counsel for respondent nos. 1 and 3 and Sri Kavindra Dwivedi, holding brief of Sri Chetan Chatterjee on behalf of respondent no. 2.
The instant writ petition has been filed challenging the recovery citation dated 24.9.2021 for a sum of Rs. 1,50,050/-. The recovery in question is in respect of certain assessment made by the respondent Corporation, as the petitioner was caught extracting electricity illegally and a F.I.R. was also lodged against him.
The submission of learned counsel for the petitioner is that the petitioner was not given any opportunity of hearing and straightaway the impugned recovery citation has been issued.
Learned counsel for the respondent Corporation submitted that in case the petitioner files any objection, the same shall be decided by respondent no. 2 before the impugned recovery is enforced.
Accordingly, we dispose of the writ petition with liberty to the petitioner to file objection against the impugned recovery before respondent no. 2 within two weeks from today , alongwith true attested copy of the instant order and in which event, the same shall be decided by the said respondent by means of a speaking order within next four weeks.
In case the petitioner fails to avail the opportunity to file objection, as stipulated above, the instant order shall automatically lapse and it will be open to the respondents to proceed with the recovery citation.
(Yogendra Kumar Srivastava, J.) (Manoj Kumar Gupta, J.) Order Date :- 17.12.2021 Jaideep/-