Court No. - 39
Case :- WRIT - C No. - 25127 of 2020 Petitioner :- Sangeeta Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinay Kumar Pathak Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 & 3 and Sri N.K.Tiwari, learned counsel for respondent no. 2.
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 recovery notice/recovery certificate dated 18.10.2019 as well as 19.9.2020 by respondent nos. 2 & 3 respectively for recovery a sum of Rs.1,67,522/-.
ii. issue a writ, order or direction in the nature of mandamus stay the effect and operation of the impugned recovery notice/recovery certificate dated 18.10.2019 as well as 19.9.2020 by respondent nos. 2 & 3 respectively for recovery a sum of Rs.1,67,522/- during the pendency of present writ petition before this Hon'ble Court.
iii. ........
iv "
Learned counsel for the petitioner submits that the recovery notice/recovery certificate has been issued against the petitioner in an arbitrary manner, without giving any opportunity of hearing to her and the action of the respondents is vitiated in law.
Learned counsel for the respondent no. 2 could not justify the fact that on the same day i.e. on 22.1.2019 when the first information report was lodged against the petitioner after checking her premises, the respondent no. 2 proceeded with the matter and passed provisional assessment order against the petitioner.
We find force in the argument of the learned counsel for the petitioner that the recovery notice/recovery certificate issued against the petitioner is bad in law.
Accordingly, impugned recovery notice and recovery certificate dated 18.10.2019 and 19.9.2020 issued by respondent nos. 2 & 3 respectively are hereby quashed.
The writ petition is allowed.
As the provisional assessment order has been supplied to the learned counsel for the petitioner today in the Court, the petitioner is directed to file her objection within two weeks from today before the respondent no. 2 - Adhisasi Abhiyanta (Niyat Pradhikari), Vidyut Vitaran Khand - I, U.P. Power Corporation Ltd., Basti who shall consider and decide the same by means of a reasoned and speaking order within three weeks.
Order Date :- 8.1.2021 nd