Court No. - 29
Case :- WRIT - C No. - 30654 of 2019 Petitioner :- Ajeet Kumar Respondent :- Uttar Pradesh Power Corporation Ltd And 4 Others Counsel for Petitioner :- Sanjive Kumar Gupta,Brij Raj Counsel for Respondent :- C.S.C.,Mukesh Kumar Singh
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Mukesh Kumar Singh, learned counsel for the respondents no.3 and 4.
The petitioner has preferred this writ petition challenging the recovery dated 20.06.2019 whereby a sum of Rs.1,92,793/- is sought to be recovered from the petitioner as electricity dues.
Submission of learned counsel for the petitioner is that without supplying any copy of the checking report/provisional assessment or giving any opportunity to raise objections, straightaway the aforesaid demand has been raised against the petitioner.
Learned counsel for the respondents informs on the basis of instructions that the premises of the petitioner was checked on 12.12.2017 and on that basis provisional assessment of unauthorized use of electricity was done on 19.03.2018 and was sent to the petitioner by registered post on 17.05.2018.
There is no material on record that the aforesaid checking report and the provisional assessment was actually received by the petitioner. Accordingly, he could not file the objections against the aforesaid assessment.
In view of the aforesaid facts and circumstances, in the ends of justice we provide the petitioner a liberty to file objections which he may file within two weeks from today before the Executive Engineer as the copy of the checking report and the provisional assessment has been supplied to the counsel during the course of hearing. In the event any objections so filed, the Executive Engineer shall consider and decide the same in accordance with law most expeditiously preferably if possible within a period of six weeks thereafter.
The demand of the electricity dues would be according to the decision so taken by the Executive Engineer.
The writ petition is disposed off.
Order Date :- 27.9.2019 S.Sharma