Court No. - 32
Case :- WRIT - C No. - 41523 of 2019
Petitioner :- Udal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Parvesh Kumar Pandey,Sarvesh Kumar Pandey Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
Supplementary affidavit filed today is taken on record.
This writ petition has been filed, interalia, for the following relief:
"(i) issue a writ order or direction in the nature of certiorari quashing the impugned recovery citation(which was not served upon the petitioner), issued by respondent no.3 in pursuance of the notice no.518 dated 28.12.2017 Rs. 35665/- issued by the respondent no.4 against the petitioner."
Heard learned counsel for the petitioner, Sri Pranjal Mehrotra, learned counsel appearing on behalf of the Electricity Department and perused the record.
Learned counsel for the petitioner submits that the petitioner accepts the entire liability and he is ready to pay the entire amount provided some instalments are fixed.
Learned Standing counsel for the Electricity Department, submits that under Paragraph 6.14 of the Electricity Code, 2005, the Executive Engineer is vested with the powers for fixing instalments and therefore, the petitioner may approach the Executive Engineer.
The writ petition is disposed of with the observation that in case, the petitioner makes an application to the Executive Engineer with regard to payment in instalments as provided under Paragraph 6.14 of the Electricity Code, 2005 within a period of two weeks from today, the Executive Engineer may consider the claim of the petitioner and pass appropriate orders in accordance with law within a period of four weeks thereafter.
For a period of six weeks or till the disposal of the application whichever is earlier, no coercive action shall be taken against the petitioner.
Order Date :- 18.12.2019 MLK