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ARIHANT EXPORTS PVT. LTD. versus U.P. POWER CORPN. LTD. & ANOTHER

High Court of Judicature at Allahabad

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Arihant Exports Pvt. Ltd. v. U.P. Power Corpn. Ltd. & Another - WRIT - C No. 42813 of 2002 [2002] RD-AH 41 (21 September 2002)

 

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 Yatindra Singh,J.

Hon'ble R.K.Rastogi,J.

Assessment of electricity dues was made against the petitioner on 5.2.1998. The petitioner filed an appeal which was dismissed on 20.7.1999. Then he filed a review application which was dismissed on 29.11.1999. Thereafter notice  had  been given to the petitioner on 23.9.2002 to deposit the amount in pursuance of  appellate order, hence, the present writ petition.

We have heard   counsel for the petitioner and Sri V.S. Misra for the respondents.

        The counsel for the petitioner submits that  assessment of the electricity  was made against theft and  he had been acquitted  in the  criminal case on 6.5.2003  and as such the notice should be discharged.  

             The petitioner has not challenged the appellate order dated 20.7.1999 or the order dated 29.11.1999 dismissing review application. He has merely challenged the notice dated 23.9.2002. This writ petition is not maintainable unless the orders dated 20.7.1999 and 29.11.1999 are challenged.

          In view of this the writ petition is dismissed. It will, however, be open to the petitioner, that, if  so advised,  he may file  fresh writ petition challenging the orders dated 20.7.1999 and 29.11.1999 or may file a representation before the appellate  authority.

With these observations the writ petition is dismissed.

Dated:21.9.2005

RPP.WP. 42813/02


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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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