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2002 Supreme(All) 1332

K.N.SINHA, M.KATJU
SANJAY KUMAR GUPTA – Appellant
Versus
DISTRICT MAGISTRATE – Respondent


Advocates Appeared:
H.N.Singh

M. KATJU, J.

( 1 ) THIS writ petition and the connected Writ Petition No. 37836 of 2002, are being disposed of by a common Judgment.

( 2 ) THIS writ petition has been filed against the impugned recovery certificate issued by the executive Engineer, Electricity Distribution Division, UP. Power Corporation, Fatehpur dated 17. 7. 2002 as well as the citation issued by the Tahsildar Sadar, Kanpur Nagar.

( 3 ) HEARD learned Counsel for the parties.

( 4 ) THE petitioner is Director of M/s. Sushila Alloys Pvt. Ltd. , district Fatehpur which is a company registered under the Indian Companies Act. The company applied for sanction of electricity connection which was sanctioned vide order dated 30. 10. 1995 Annexure-1 to the writ petition. An agreement was entered into between the petitioner and the U. P. State Electricity board on 2. 11. 1996 and the supply was released on 8. 11. 1996 vide Annexure-2 to the writ petition. Bills were issued in the name of the company vide Annexure-4 to the writ petition.

( 5 ) THE Executive Engineer has issued recovery certificate dated 17. 7. 2002 for a sum of Rs. 95,99,446. 85 vide Annexure-5 to the writ petition. The recovery certificate was sent to the co




















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