Suman Devi v. State of U.P. Thru. Prin. Secy. Energy Civil Sectt. Lko and 3 Others

Court No. - 3 Case :- WRIT - C No. - 9846 of 2023 Petitioner :- Suman Devi Respondent :- State Of U.P. Thru. Prin. Secy. Energy Civil Sectt. Lko And 3 Others Counsel for Petitioner :- Pankaj Kumar Pandey Counsel for Respondent :- C.S.C.,Amit Kumar Dwivedi Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Heard learned counsel for parties.

¶2Petitioner has approached this Court challenging the recovery citation dated

16.10.2023 on the ground that the same is issued on the basis of provisional bill raised against the petitioner.

¶3Learned counsel for the Power Corporation states that though a final bill is also raised against the petitioner, but there is no proof of service of provisional bill upon the petitioner and, hence, no objections are available on record.

¶4In view thereof, recovery citation dated 16.10.2023 is set aside.

¶5Let a copy of provisional bill be provided to the petitioner within a week from today. The petitioner shall submit his objection to the said provisional bill within a period of two weeks from the date of receipt of provisional bill. Any demand against the petitioner shall be subject to final order passed by the Executive Engineer concerned. In case petitioner fails to submit his objection/reply to the provision bill within the aforesaid period, benefit of this order would not be available to him.

¶6The writ petition stands allowed. Order Date :- 7.11.2023 Arti/- [Manish Kumar,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench