Court No. - 40
Case :- WRIT - C No. - 33473 of 2009 Petitioner :- Vishram Singh Respondent :- Collector, Auraiya And Others Counsel for Petitioner :- A.P. Tewari,Sunil Singh Counsel for Respondent :- C.S.C.,Birendra S. Pandey,Rajesh Tripathi
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard Sri Jaiswal, learned counsel for the petitioner.
This writ petition has been filed for quashing of the citation of recovery (Annexure 4 to the writ petition) whereby a sum of Rs.27,759/- plus other expenses are sought to be realised from the petitioner as electricity dues.
The writ petition was filed with a clear allegation that the petitioner had a tube well connection for which he applied for permanent dis-connection way back in the year 1998. The said permanent dis-connection was executed and after the deposit of entire bills the dis-connection was carried out on the spot and the electricity cables as well as other equipments were removed. A spot inspection was also held in the year 2004 and a report was submitted by the Junior Engineer, a copy whereof is Annexure 3 to the writ petition. It is also specific plea of the petitioner that time was granted to the respondent to file a counter affidavit and in the meantime vide order dated 13th July, 2009, further coercive action pursuant to the impugned recovery citation was stayed by this Court.
Till date neither any counter affidavit has been filed nor any one has appeared today on behalf of respondent nos. 3 and 4.
It is thus evident that the facts stated in the writ petition remain un-controverted and consequently the writ petition deserves to be allowed.
We therefore, quash the citation of recovery dated 24th June, 2009 (Annexure 4 to the writ petition). The writ petition is accordingly allowed.
Order Date :- 28.5.2018 A. Verma