2023 Supreme(Online)(ALL) 805
ALLAHABAD HIGH COURT
,
RADHEY SHYAM – Appellant
Versus
State – Respondent
WRIC/36842/2022
The court has the authority to direct the relevant authorities to decide pending objections/representations within a specified time frame.
Headnote:
Fact of the Case:
The petitioner filed a writ petition to quash an assessment order dated 23.8.2022 passed by the second respondent/Executive Engineer/Prescribed Authority (Urban) Dakshinanchal Vidyut Vitran Khand, Kasganj. Alternatively, the petitioner sought a direction to decide the objection/representation filed pursuant to the assessment order dated 23.8.2022.
Finding of the Court:
The court directed the second respondent/Executive Engineer/Prescribed Authority (Urban) Dakshinanchal Vidyut Vitran Khand, Kasganj, to decide the pending objection/representation filed pursuant to the assessment order dated 23.8.2022, within a period of two weeks from the date of production of a certified copy of the court's order.
Issues: Whether the assessment order dated 23.8.2022 passed by the second respondent/Executive Engineer/Prescribed Authority (Urban) Dakshinanchal Vidyut Vitran Khand, Kasganj, should be quashed.
Ratio Decidendi: The court held that no useful purpose would be served in keeping the petition pending and directed the second respondent to decide the pending objection/representation within a specified time frame.
Final Decision: The writ petition was disposed of.
Court No. - 40
Case :- WRIT - C No. - 36842 of 2022
Petitioner :- Radhey Shyam
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Shiv Mangal Pandey
Counsel for Respondent :- C.S.C.,Alok Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Vivek Kumar Singh,J.
Heard Sri S.M. Pandey, learned counsel for the petitioner and
learned Standing Counsel appearing for the State-respondent and
Sri Alok Mishra, learned counsel for the second
respondent/Executive Engineer/Prescribed Authority (Urban)
Dakshinanchal Vidyut Vitran Khand, Kasganj.
The present writ petition has been preferred for quashing
assessment order dated 23.8.2022 passed by the second
respondent/Executive Engineer/Prescribed Authority (Urban)
Dakshinanchal Vidyut Vitran Khand, Kasganj. Alternatively relief
has been sought to decide the objection/representation filed
pursuant to assessment order dated 23.8.2022.
Sri Alok Mishra, learned counsel for the second
respondent/Executive Engineer/Prescribed Authority (Urban)
Dakshinanchal Vidyut Vitran Khand, Kasganj submits that incase
the said objection/representation is pending consideration, the
same be directed to be decided.
Considering the facts and circumstances of the case, no useful
purpose would be served in keeping this petition pending.
The second respondent/Executive Engineer/Prescribed Authority
(Urban) Dakshinanchal Vidyut Vitran Khand, Kasganj, is directed to
decide the pending objection/representation filed pursuant to
assessment order dated 23.8.2022, within a period of two weeks
from the date of production of certified copy of this order.
The writ petition is disposed of.
Order Date :- 2.1.2023
Dev/-
Digitally signed by :-
DEV PRAKASH
High Court of Judicature at Allahabad