SHYAM SUNDAR AGRAWAL versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Shyam Sundar Agrawal v. State Of U.P. And Others - WRIT - C No. 70341 of 2005 [2005] RD-AH 5738 (14 November 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Sushil Harkauli, J.

Hon'ble Saroj Bala,J.

The tentative assessment was made by letter dated 22.11.2003 and the petitioner was given notice to file objections within fifteen days.  It has been submitted by the learned counsel for the petitioner that the petitioner had filed objections within the prescribed time. It has also been submitted by the learned counsel for the petitioner that the objections have not been disposed of so far and the respondents are trying to recover the amount mentioned in the tentative assessment by adding the same to the current bill of the petitioner.

The learned counsel for the petitioner has also submitted that the petitioner has been paying all the current bills.

In the circumstances, after hearing the learned counsel for the petitioner and Sri W.H. Khan, appearing for the respondents, we dispose of this writ petition finally requiring the respondents to consider the objections of the petitioner in accordance with law before proceeding with the recovery.  The decision will be taken by the respondent no. 4.

This order will not operate if:

(1) The objections were not filed by the petitioner within the time given in the notice, or

(2) The objections have already been disposed of.

The writ petition is disposed of as above.

Dated: 14.11.2005

RCT/70341/05/writ

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