High Court of Judicature at Allahabad
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Farid Khan v. State Of U.P. Thru' Chairman U.P.P.C.L. & Others - WRIT - C No. 32044 of 2003  RD-AH 3493 (24 September 2005)
W.P. No. 32044 of 2003
W.P. No. 61780 of 2005
The Uttar Pradesh Power Corporation had issued recovery on 14.5.2003 against the petitioner. He filed an objection against the same on 10.7.2003 before the Executive Engineer, Electricity Distribution Khand II, Ghaziabad. When this objection was not decided he filed Writ Petition no. 32044 of 2003. This writ petition was dismissed for default 10.10.2003. The petitioner filed an application to recall this order. During pendency of this recall application the Corporation again started recovery proceedings. Then the petitioner filed Writ Petition no. 61780 of 2005.
We have heard counsel for the petitioner, Standing Counsel and Sri W.H. Khan for the respondents.
The order dated 10.10.2003 dismissing the Writ Petition no. 32044 of 2003 has been recalled today vide order of date recorded on the ordersheet of this writ petition. In this writ petition the petitioner has already filed an objection before the Executive Engineer, respondent no. 4. It would be appropriate that the objection given by the petitioner may be decided by the said respondent by a reasoned order at an early date, if possible, within two weeks from the date of receipt of certified copy of this order. The petitioner along with certified copy of this order will also file a copy of his aforesaid objection, other necessary documents and a duly stamped self addressed envelope. The concerned authority after taking decision will communicate the same to the petitioner.
Writ Petition no.61780 of 2005 is against the same recovery. As we have already decided first writ petition, second writ petition is not maintainable and is liable to be dismissed.
With these observations the Writ Petition no. 32044 of 2003 is disposed of and Writ Petition no. 61780 of 2005 is dismissed.
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