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Sharafat Ali v. State of U.P. and others - WRIT - C No. 1480 of 2005 [2005] RD-AH 4939 (26 October 2005)


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Court No. 37

Civil Misc. Writ Petition No. 1480 Of 2005

Sharafat Ali..................Vs...............State of U.P. and others

Hon'ble R.K.Agrawal, J.

Hon'ble (Mrs.) Saroj Bala, J.

Against the notice dated 11.10.2004 issued by Assistant Regional Transport Officer, Budaun, the petitioner filed his objections on 18.11.04, a copy of which has been filed as Annexure-2 to the writ petition and is said to be still pending.

We have heard learned counsel for the parties.

The writ petition is disposed of with a direction to the Assistant Regional Transport Officer, Budaun, Respondent No. 2 to take a final decision in the matter in accordance with law on the said objections within a period of six weeks from the date of certified copy of this order, along with the copy of the said objections, is filed before him. For a period of two months or till the objections are decided, whichever is earlier, the recovery proceedings pursuant to the notice dated 11.10.04 shall remain stayed.

It is made clear that if the objections, as alleged by the petitioner have not been filed, then this order will not mean that the respondent No. 2 is under any obligation to decide the objections and further the stay of the demand will not be operated.

Dt: 26.10.05



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