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2003 Supreme(Del) 731

BADAR DURREZ AHMED
MAHESH CHAND GUPTA – Appellant
Versus
ASSISTANT COLLECTOR, DELHI – Respondent


Advocates Appeared:
MALAYA CHAND, MUKUI CHANDRA, SANDIP AGARWAL, Sudhir Makkar

( 1 ) AS indicated in paragraph 1 of the writ petition itself, it is clear that the writ petition has been filed to challenge, inter alia, the legality and validity of the recovery proceedings initiated by the respondent No. 1 in pursuance of the recovery certificate issued by Pradeshiya Industrial and investment Corporation of Uttar Pradesh i. e. respondent No. 2 herein. The petitioner has also prayed for a writ of certiorari or any other appropriate writ or direction for quashing the recovery proceedings and the notice of recovery dated 14-2-2003 issued by the respondent No. 1.

( 2 ) A preliminary objection has been taken by the respondents and in particular Respondent No. 2 that this Court does not have the territorial jurisdiction to entertain this petition. It is therefore necessary to first examine the question of territorial jurisdiction before proceeding with the hearing on the merits of the case.

( 3 ) THERE are two aspects to the present writ petition. The first is the challenge to the proceedings initiated by the respondent no. 2 under the provisions of the U. P. Public monies (Recovery of Dues) Act, 1972. The second is the challenge to the notice of recovery dated 14-2-
















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