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2007 Supreme(SC) 1413

A.K.MATHUR, MARKANDEY KATJU
Union of India – Appellant
Versus
State of U. P. – Respondent


Counsel for the Parties :
For the Appelllant :Shail Kumar Dwivedi, AAG. (U.P.), T.S. Doabia, Sr. Adv., Ms. Kiran Bhardwaj, Ms. Asha G. Nair, Vishal Nayar, Manpreet Singh Doabia, R.C. Kathia, D.S. Mahra, Mrs. Anil Katiyar, Rajesh, Wasim Ahmad Qadri, Manoj Kumar Dwivedi, G. Venkateshwar Rao, Ms. Chitra Markandaya, Vivek Vishnoi, Mukesh Verma, Manish Shanker, M.R. Shamshad and Yash Pal Dhingra, Advocates.
For the Respondent: None.

JUDGMENT

A.K. MATHUR, J.—

1.This appeal is directed against the judgment dated 12.12.2000 passed by the Division Bench of the Allahabad High Court whereby the Division Bench has dismissed the writ petition filed by the appellants and upheld the recovery proceedings initiated against the appellants for the demand raised by the Jal Sansthan, Allahabad as water and sewer charges.

2.The Union of India and two others filed a writ petition before the High Court of Allahabad challenging the orders of recovery dated 1.7.1999 and 20.12.1999 issued by the Executive Engineer, Jal Sansthan, Khusru Bagh, Allahabad on account of service charges on Railway properties situated at Allahabad for the period from October, 1994 to March, 1999. The appellants also challenged the recovery certificate issued by the Tahasildar, Sadar, Allahabad for recovery of a sum of Rs.26,23,360/- from the appellant No.2 i.e. the Divisional Railway Manager, Northern Railway, Allahabad. It was alleged by the Jal Sansthan that the appellants were liable to pay the sewerage charges for 3125 seats at the rates notified under Allahabad Jal Sansthan Notification published in U.P. Gazette dated 19.11.1994. The plea of the appella






































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