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NAGAR PANCHAYAT, MANIKPUR DISTRICT CHITRAKOOT THRU' E.OFFI. versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Nagar Panchayat, Manikpur District Chitrakoot Thru' E.Offi. v. State Of U.P. And Others - WRIT - C No. 2060 of 2006 [2006] RD-AH 1016 (16 January 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.34

Civil Misc. Writ Petition No.2060 of 2006

Nagar Panchayat, Manikpur, District Chitrakoot

Versus

State of U.P. & Ors.

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

The petitioner Nagar Panchayat has filed this petition for quashing the recovery notice dated 07.10.2005 and the citation dated 27.08.2005.

A R.C.C. road was constructed in Nagar Panchayat, Manikpur. The Jal Sansthan is demanding the payment for water used in the construction of the road. The contention of the learned counsel for the petitioner is that the petitioner was not involved in the construction of the road. As the amount was not paid pursuant to the notice dated 14.06.2005, the recovery certificate dated 07.10.2005 was issued.

We have heard learned counsel for the parties and have perused the materials on record.

The petition raises disputed question of fact as to whether the payment for the water consumed for construction of the road should be paid by the petitioner or not. This would depend upon the agreement entered into between the parties for construction of the road.  The petitioner, however, has not enclosed the copy of the agreement for construction of the road. In this view of the matter, we are not in a position to adjudicate upon this dispute. The petitioner may approach the appropriate forum under the agreement or otherwise for redressal of the grievance. Petition is accordingly dismissed.

16.01.2006

AHA


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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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