Aklakh Ahmad vs State Of U.P. And Others
2011 Latest Caselaw 1914 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - C No. - 30302 of 2011
 

 
Petitioner :- Aklakh Ahmad
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Ravindra Prakash Srivasta
 
Respondent Counsel :- C.S.C.,Rakesh K. Srivastava
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Rajesh Chandra,J.

    It is submitted by Shri R.P. Srivastava, learned counsel for the petitioner that the petitioner was having electricity connection which was dis-connected 15 years back. One Time Settlement was arrived at whereunder the petitioner was required to deposit an amount of Rs.1,34,358/-. However, the petitioner deposited only an amount of Rs. 13,144/-.

    It is further submitted that the petitioner was ready to make deposit as per One Time Settlement but in the meantime, Recovery Proceedings were initiated against the petitioner. Recovery Citation dated 8-12-2010 was received by the petitioner requiring the petitioner to deposit an amount of Rs. 2,97,838/- plus other charges. It is submitted that the demand raised against the petitioner is arbitrary and exorbitant.

The matter requires consideration.

Issue notice pending admission.

Notice on behalf of the respondent nos. 1, 2 and 3 has been accepted by the learned Standing Counsel.

Notice on behalf of the respondent nos. 4 and 5 has been accepted by the Shri Rakesh Kumar Srivastava.

Counter Affidavit on behalf of the respondents may be filed within six weeks.

Rejoinder Affidavit on behalf of the petitioner may be filed by the next date fixed in the matter.

List this case before the appropriate Bench on 9th August, 2011.

Heard on the question of grant of interim relief.

Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, it is provided that till the next date fixed in the matter, recovery proceedings against the petitioner pursuant to the Citation dated 8.12.2010 (Annexure 5 to the Writ Petition), will remain stayed provided, within four weeks from today, the petitioner deposits an amount of Rs. 1,35,000/- with the respondent no.5.

The deposit so made by the petitioner will be without prejudice to the rights and contentions of the parties involved in the present Writ Petition.

In the event of failure on the part of the petitioner in making the deposit, as directed above, this order will stand automatically vacated.

Order Date :- 24.5.2011

AK