Court No. - 29
Case :- WRIT - C No. - 26022 of 2019 Petitioner :- Abhishek Rathaur Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ram Chandra Solanki Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
On the basis of the checking report petitioner was provisionally assessed for unauthorised use of electricity vide order dated 15.01.2019 consequently the recovery citation dated 01.07.2019 has been sent to recover the sum of Rs.3,23,804/- from the petitioner.
The argument of learned counsel for the petitioner is that he was never supplied with the copy of the provisional assessment to enable him to file objections before the final assessment.
Sri Baleshwar Chaturvedi, on the other hand contends that the copy of the provisional assessment must have been sent to the petitioner and since objections were not raised against it, treating the said assessment to be final, the impugned recovery has been sent to the petitioner.
Be as it may be since the petitioner proposes to object to the provisional assessment, we provide him an opportunity to file objections within two weeks from today. In case any objections are so filed the Executive Engineer shall consider the same in accordance with law and decide the same most expeditiously preferably within a period of six weeks thereafter.
The recovery will abide by the order so passed by the Executive Engineer.
Accordingly, the Writ Petition is disposed off.
Order Date :- 22.8.2019 piyush