Court No. - 36 Case :- WRIT - C No. - 69689 of 2009 Petitioner :- Tahir Husain & Ors. Respondent :- State Of U.P. & Others Petitioner Counsel :- S.F.A. Naqvi Respondent Counsel :- C.S.C.,H.P. Dube Hon'ble Prakash Krishna,J.
Hon’ble Yogesh Chandra Gupta,J.
Sri H.P. Dube, Advocate, has accepted notice on behalf of the respondent
Nos. 2 to 5 and notice on behalf of respondent no.1 has been accepted by
learned standing counsel.
Issue notice to the respondent no.6.
Counter affidavit may be filed within three weeks and rejoinder affidavit, if
any, within two weeks thereafter. List thereafter.
One of the contentions of the petitioners is that he has purchased the property
free from all encumbrances in auction. The respondents cannot realize the
electricity dues of the erstwhile owner from the petitioners. The matter
requires consideration.
Till further orders, the recovery proceedings so far as the petitioners are
concerned, shall remain stayed. However, it shall be open to the respondents
to realize the dues from the erstwhile owner by taking appropriate steps.
(Prakash Krishna, J.)
(Yogesh Chandra Gupta, J.)
Order Date :- 5.1.2010
LBY