Court No. - 32
Case :- WRIT - C No. - 38698 of 2019 Petitioner :- Sharda Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Counsel for Respondent :- C.S.C., Krishna Agarawal
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
This writ petition has been filed, inter alia, for the following relief:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 25.06.2019 of Rs.363784/- issued by Executive Engineer, Electricity Distribution Division Rajapur, District Chitrakoot (contained in annexure no. 1 to the writ petition). "
Case called out. None appears on behalf of the petitioner even though learned counsel for the Electricity Department is present.
Heard Sri Suresh Kumar Maurya holding brief of Shri Krishna Agarwal, learned counsel for the electricity department and perused the record.
Perusal of the record reveals that the petitioner has filed the present writ petition mainly on the ground that final order has been passed and consequently recovery citation has been issued by the Electricity Department against the petitioner without considering the objection already filed by him against the proposed revenue assessment.
Considering the facts and circumstances of the case and taking a lenient view in the matter, we direct the petitioner to appear on 12.12.2019 at 11.00 A.M. before the Respondent No.3, Executive Engineer along with his objection already filed by him and adduce his evidence, if any, in support of his contention.The Respondent No.3, thereafter, shall pass a fresh final order by a speaking and reasoned order after considering the objections of the petitioner as well as the contention raised by the petitioner within a period of four weeks thereafter.
For a period of six weeks from today or till the disposal of the representation/objection, whichever is earlier, no coercive action shall be taken against the petitioner. In case of default in filing the objection/representation, as indicated herein above, the present interim order shall stand vacated automatically.
It is made clear that in case the petitioner does not appear on the said date fixed, the impugned recovery citation shall stand revived automatically.
With the above observations, the writ petition stands disposed of.
Order Date :- 28.11.2019 Arun