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Neutral Citation No. - 2025:AHC:59452 Court No. - 33 Case :- WRIT - C No. - 11147 of 2025 Petitioner :- M/S Ashish Traders Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Onkar Nath Vishwakarma,Praveen Kumar Counsel for Respondent :- C.S.C.,Manu Ghildyal Hon'ble Prakash Padia,J.
1. After hearing counsel for the parties, following order was passed on 16.04.2025:-
1. Heard Sri Praveen Kumar, learned counsel for the petitioner and Sri Manu Ghildyal, learned counsel for the respondents no.2, 3 & 4. 2. The recovery certificate dated 22.02.2025 issued by the respondent no.4-Executive Engineer, Dakshinanchal Vidyut Vitran Nigam Ltd. Vidyut Vitran Khand-I, SD Field, Etawah is under challenge in the present writ petition. 3. It is argued by counsel for the petitioner that aforesaid recovery certificate is per- se illegal and in complete violation of the direction given by the Commissioner, Employees Compensation Act, 1923 & Assistant Labour Commissioner, Kanpur Dehat, Camp Etawah vide its award dated 27.07.2023. 4. This fact is also admitted by Sri Manu Ghildyal, learned counsel for the contesting respondents. 5. As prayed, three days' time is granted to counsel for the respondents no.2, 3 & 4 to seek instructions in the matter. 6. Put up as fresh on 22.04.2025. On the said date the matter will be taken up at 10.00 A.M. sharp. 2. Today when the matter is taken up, counsel for the respondent placed before this Court a letter dated 19.04.2025 written by Executive Engineer/respondent No.3 by which the recovery certificate No.2801 dated 22.02.2025 issued against Ashok Verma, Proprietor M/s Ashish Traders, 112, Akalganj, Etawh to the Additional Sub Divisional Magistrate, (Finance & Revenue) Etawah was directed to return back the same. 3. On the basis of the aforesaid, it is argued by learned counsel for the respondent that respondents are not taking any coercive steps against the petitioner pursuant to
the recovery certificate dated 22.02.2025 which has already been withdrawn by the respondents and the present petition has now become infructuous. 4. Heard learned counsel for the parties. 5. Since the recovery certificate has already been withdrawn, no further order is required to be passed in the matter and, the writ petition is now become infructuous. 6. Accordingly, the present petition is dismissed as having become infructuous.
Order Date :- 22.4.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad