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AMAR NATH versus STATE OF U.P. THRU' COLLECTOR & ORS.

High Court of Judicature at Allahabad

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Amar Nath v. State Of U.P. Thru' Collector & Ors. - WRIT - C No. 36665 of 2002 [2007] RD-AH 9199 (15 May 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble R.P.Misra, J

Hon'ble Shishir Kumar, J.

Heard Sri Deepak Jaiswal learned counsel for the petitioner.

The petitioner was having an electricity connection and the same was permanently disconnected upon the application made by him which is clear from the letter dated 6.2.1999 (Annexure 4 to the writ petition).  Despite that  recovery certificate has been issued against the petitioner for recovery of  an amount of Rs. 48,342/-.

Inspite of time granted to the respondents no counter affidavit has been filed.  Under these circumstances, this Court has no reason to disbelieve the unrebutted averments made in the writ petition.  Consequently, the writ petition succeeds and is allowed.  The impugned Citation dated 4.12.01 (Annexure 5 to the writ petition) is set aside.

Parties shall bear their own costs.                                                                                                                  

Dated:15.5.2007

Kst/17580/02


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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