Court No. - 27 Case :- MISC. BENCH No. - 939 of 2010 Petitioner :- Ramesh Kumar & Anr. S/O Pratap Chandra Respondent :- Lucknow Jal Sansthan Thru Manager, Jal Nigam & Ors. Petitioner Counsel :- Rajendra Prasad Respondent Counsel :- C.S.C.,I.P. Singh,Namit Sharma,Shashi Prakash Singh Hon'ble Devi Prasad Singh,J.
Hon’ble S.C. Chaurasia,J.
Heard learned counsel for the parties.
On account of default of payment of water charges, the impugned recovery
proceedings have been initiated.
The petitioners have an alternative statutory remedy to approach the appellate
authority.
Accordingly, without entering into the merit of the controversy, liberty is
given to the petitioners to prefer an appeal within one month. In case an
appeal is preferred, the appellate authority shall decide the same on merit in
accordance with law by passing a speaking and reasoned order expeditiously
and preferably within a period of four months from the date of receipt of the
appeal along with certified copy of this order after providing opportunity of
hearing to the parties and communicate the decision to the petitioner.
For a period of four months or till disposal of the appeal, whichever is earlier,
recovery proceedings shall remain stayed subject to the condition that the
petitioners deposit an amount of rs.1,50,000/- within one month from today.
Subject to above, the writ petition is finally disposed of.
No order as to costs.
Order Date :- 4.2.2010
kkb/