High Court of Judicature at Allahabad
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Bharat Sanchar Nigam Limited v. State Of U.P. And Others - WRIT - C No. 17414 of 2006  RD-AH 7099 (3 April 2006)
Hon'ble R.K.Agrawal, J.
Hon'ble Rajes Kumar, J.
The contention of the petitioner is that the entire amount which due and payable towards road cutting has already been paid to the Nagar Nigam, Bareilly-respondent no.5 and nothing is due. His further contention is that amount, if at all, is due on such account, it cannot be recovered as arrears of land revenue.
We have heard learned counsel for the petitioner, the learned Standing Counsel learned counsel appearing for the respondent nos. 1 to 4, Sri Anil Tiwara, learned counsel for respondent no.5 and Sri V.B.Tiwari, learned counsel appearing for respondent no.6.
Taking into facts and circumstances of the case and without going into the controversy on merits, we dispose of writ petition with the direction to the petitioner to make a representation before the Nagar Ayukt, Nagar Nigam, Bareily within two weeks from today who shall consider and dispose of the same in accordance with law within four weeks thereafter. For the period of six weeks or till the representation is decided, whichever is earlier, the recovery proceeding pursuant to the notice/citation dated 28.7.2005 and 21.3.2006 respectively filed as Annexures 4 and 6 to the writ petition shall remain stayed. However, it is made clear that we have not adjudicated the claim of the petitioner on merits.
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