Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 548 of 2021 Applicant :- Akhilesh Kumar Singh Opposite Party :- Anil Kumar Mishra, Executive Engineer Electricity Distribution Division -Ii Counsel for Applicant :- Subhash Gosain Counsel for Opposite Party :- Narendra Kumar Tiwari
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant and Sri Narendra Kumar Tiwari, learned counsel for the opposite party.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 4.2.2020 passed in Writ C No.2251 of 2020. The operative portion of the order is reproduced hereibelow :-
"Heard Sri Subhash Gosain, learned counsel for the petitioner and Sri Mahboob Ahmad, learned counsel for the respondent nos. 2 and 3.
The petitioner is consumer of electricity and upon allegation of electricity theft a provisional assessment order was passed on 10.10.2019. The period prescribed under the Electricity Code for filing objection against the provisional assessment is 15 days. It is submitted that before expiry of 15 days final assessment order has been passed on 24.10.2019 depriving the petitioner of filing his objection against the provisional assessment.
The final assessment order, having been passed without expiry of the time prescribed for filing of objection against the provisional assessment, cannot be sustained and it is hereby quashed.
The petitioner has already filed his objection on 09.01.2020. The Executive Engineer will consider the objection of the petitioner and then pass appropriate order in accordance with law, as far as possible, within one month from the date of production of a certified copy of this order before him.
Since the final assessment order has been quashed, no recovery shall be pressed against the petitioner pursuant to the final assessment order dated 24.10.2019.
The writ petition is allowed to the aforesaid extent."
Today when the matter is taken up, it is informed by learned counsel for the parties that the order passed by the writ court has already been complied with, therefore, no cause of action remained survive.
In view of the same, the present contempt application is dismissed as infructuous.
Order Date :- 30.7.2021 Pramod Tripathi