High Court of Judicature at Allahabad
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Heera Lal v. State Of U.P. And Others - WRIT - C No. 15291 of 2006  RD-AH 6123 (21 March 2006)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This petition is directed against the recovery certificate dated 28th February, 2006 issued by the Tehsildar on account of non-payment of electricity dues.
We have heard learned counsel for the petitioner and Sri J.H. Khan, learned Counsel appearing for the respondents and have perused the materials available on record.
Learned counsel for the petitioner has stated that prior to the issuance of the recovery certificate no notice whatsoever was issued to the petitioner. He, however, submits that there are some mistakes in calculating the amount indicated in the recovery certificate. Sri J.H. Khan, learned counsel appearing for the respondents has stated that in case there are mistakes, the proper course for the petitioner is to file a representation before the Executive Engineer concerned who shall decide the same in accordance with law.
In view of the aforesaid statement made by the learned counsel for the respondent Corporation, we dispose of this Writ Petition with a direction that in the event the petitioner deposits the amount of Rs.10,000/- before the Executive Engineer concerned within 15 days from today and makes an application pointing out the calculation mistakes, then further proceedings pursuant to the recovery certificate shall remain stayed till the objection filed by the petitioner is decided and the recovery certificate proceedings shall abide by the decision taken by the Executive Engineer on the objection filed by the petitioner.
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