Court No. - 32
Case :- WRIT - C No. - 38651 of 2019 Petitioner :- Abhishek Agrawal Respondent :- Dakshinachal Vidyut Vitran Corporation Ltd. And Another Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- Baleshwar Chaturvedi
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
This writ petition has been filed, interalia, for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned provisional assessment dated 19.12.2018 issued against the petitioner.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to redress the grievance of the petitioner in the light of his objection dated 17.07.2019."
Heard Shri Anil Kumar, learned counsel for the petitioner, Sri Baleshwar Chaturvedi, learned counsel appearing on behalf of the Electricity Department and perused the record.
Learned counsel for the petitioner has stated that in pursuance of the provisional assessment order made by the respondent no. 2, he has already filed his objection but no final order has yet been passed by the concerned authority.
Considering the facts and circumstances of the case, we direct the petitioner to appear on 12.12.2019 at 11.00 A.M. before the Respondent No.2, Executive Engineer along with his objection already filed by him and adduce his evidence, if any, in support of his contention.The Respondent No.2, thereafter, shall pass a final order by a speaking and reasoned order after considering the objections of the petitioner as well as the contention raised by the petitioner within a period of four weeks thereafter.
For a period of seven weeks from today or till the disposal of the representation/objection, whichever is earlier, no coercive action shall be taken against the petitioner. In case of default in filing the objection/representation, as indicated herein above, the present interim order shall stand vacated automatically.
In case the petitioner is aggrieved with the final order, if any, passed against the petitioner, it will be open for the petitioner to file an appeal before the concerned authority under Section 127 of the Electricity Act, 2003 in accordance with law.
It is made clear that in case the petitioner does not appear on the said date fixed, the impugned recovery citation shall stand revived automatically.
With the above observations, the writ petition stands disposed of.
Order Date :- 28.11.2019 Arun