Allahabad High Court
Ram Kumar And Another vs Chief Of The Air Staff And 5 Others on 6 December, 2019
Bench: Bala Krishna Narayana, Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 38677 of 2019 Petitioner :- Ram Kumar And Another Respondent :- Chief Of The Air Staff And 5 Others Counsel for Petitioner :- Yashpal Yadav Counsel for Respondent :- A.S.G.I. Hon'ble Bala Krishna Narayana,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the parties.
This writ petition has been filed by the petitioners with the following prayer to :-
(a) issue an appropriate writ, order or direction in the nature of certiorari, call for records and quash communication dated 01.10.2019 initiated by respondent Senior Account Officer, GE (AF) (Annexure-1).
(b) issue an appropriate writ, order or direction in the nature of mandamus directing respondent Senior Account Officer, GE (AF), Bamrauli to raise and forward license fees with allied charges month to month with addition of month arrear limited to maximum 1/3rd to minimum monthly pay of the member occupants.
(c) issue an appropriate writ, order or direction in the nature of mandamus and further direct the respondent AOC, 29 Wing, AF to consider representations and legal notice dated 20.12.2017, 22.02.2018 and 22.03.2019 respectively and decide them together by means of reasoned and speaking order within a specified time frame.
(d) issue any other writ, order or direction which this Hon'ble Court may deem just and expedient in the interest of justice.
(e) award cost of this petition in favour of the petitioner.
After going through the averments made in the writ petition and the documents appended thereto, it transpires that the petitioners are primarily aggrieved with the bills raised by the respondents towards license fee, electricity, water charges and rent etc. in respect of those Government accommodations in which the petitioner no. 1, Ram Kumar, President of All U.P. Vayu Sena Asainik Karmchari Sangh and all civilian members of petitioner no. 2 are residing. The total amount demanded is about Rs. 57,986/- as is evident from the communication dated 01.10.2019, copy whereof has been brought on record as Annexure No. 1 to the writ petition.
Learned counsel for the petitioners has submitted that the petitioners are ready to pay the entire amount due against them but their current financial condition is not such so as to enable them to pay the amount due against them which is sought to be recovered at one stroke. However, they are ready and willing to deposit the entire amount mentioned in the impugned communication dated 01.10.2019 in such installments as this Hon'ble court may deem fit and proper.
Learned Standing Counsel appearing for the respondents has no objection to the aforesaid prayer made by the learned counsel for the petitioners subject to the condition that the entire amount is deposited in six equal monthly instalments.
In view of the above, without expressing any opinion on the merits of the case, we dispose of this writ petition with the direction that in case the petitioners deposit the entire amount as mentioned in the impugned communication dated 01.10.2019 due against them in six equal monthly instalments, no coercive action shall be taken against the petitioners pursuant to the impugned communication dated 01.10.2019. The first instalment shall be payable on or before 31st December, 2019. It is also directed that the respondents shall recover the electricity charges from the petitioners every month.
In case of default in the payment of any instalment, this writ petition shall stand dismissed automatically without any further reference to the Court and the petitioners shall not be entitled to any benefit of this order.
Order Date :- 6.12.2019 KS