Court No. - 39
Case :- WRIT - C No. - 20828 of 2020 Petitioner :- Subhash Yadav Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Lal Behari Yadav,Birendra Kumar Yadav Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari
Hon'ble Naheed Ara Moonis, J. Hon'ble Dinesh Pathak, J.
Heard learned counsel for the petitioner, learned Standing Counsel on behalf of respondents no. 1 to 4 and Shri Narendra Kumar Tiwari, learned counsel on behalf of respondent no. 5.
The instant petition has been filed seeking following reliefs :
"(i) Issue a writ, order or direction in the nature of certiorari quashing the R.C. dated 15.09.2020 issued by the Respondent no. 4 for the 304925/- illegally issued as electric due in the name of petitioner (Annexure no. 3);
(ii) Issue a writ, order or direction in the nature of mandamus directing respondents not to recovery the amount of the R.C. illegally issued in the name of the petitioner;
(iii) Issue a writ, order or direction in the nature of mandamus directing respondent no. 2 to decide the representation dated 23.09.2020 moved by the petitioner till then aforesaid R.C. may be kept under abeyance;
(iv) ,
(v) "
The grievance of the petitioner is that the petitioner is the landlord of premises which was given on rent to respondent no. 6 who is running a flour mill in the name and style of M/s. Soni Udyog Industries. The respondent no. 5 has issued a recovery citation on 15.09.2020 for electricity dues of Rs.3,04,925/-. On receiving the same, the petitioner has given a representation dated 13.08.2020 dis-owning his liability to pay the dues and the same is pending consideration since then.
Learned counsel appearing on behalf of Power Corporation submits that some reasonable time may be given to the respondent no. 5 to decide the representation of the petitioner.
Having considered the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, this writ petition is disposed of with a direction to the respondent no. 5 to decide the representation of the petitioner which is annexed as Annexure-5 to this petition within a period of four weeks from the date of production of certified copy of this order, after giving due opportunity of hearing to both the parties.
In the meantime, no coercive action shall be taken against the petitioner pursuant to the impugned recovery citation.
Order Date :- 7.1.2021 VR/