Court No. - 29
Case :- WRIT - C No. - 24612 of 2019 Petitioner :- Alam Husain Respondent :- State Of U P And Another Counsel for Petitioner :- Nayab Ahmad Khan Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Mahboob Ahmad, learned counsel for the contesting respondent.
On the basis of checking report dated 16.3.2019 an F.I.R. was lodged against the petitioner with regard to theft of energy and at the same time proceedings were initiated to assess the petitioner for unauthorized use of electricity.
The petitioner deposited a sum of Rs.3,00,000/- and odd and on that basis he contends that impugned recovery dated 20.6.2019 for a sum of Rs.4,97,408/- is illegal.
Sri Mahboob Ahmad, learned counsel on the basis of instructions informs that the aforesaid amount of Rs.3,00,000/- and odd deposited by the petitioner was in respect of the compounding fee to avoid prosecution and partly towards the provisional assessment.
The petitioner had deposited a sum of Rs.2,00,000/- as compounding fee and a sum of Rs.1,00,000/- and odd towards the provisional assessment.
The petitioner however failed to raise any objection against the provisional assessment and accordingly, treating the provisional assessment to be final, after adjusting a sum of Rs.1,00,000/- a demand of Rs.4,97,408/- has been raised against the petitioner.
Learned counsel for the petitioner submits that he may be given opportunity to file objections against the provisional assessment. He may do so within a period of two weeks from today.
In case, he files any objections, the Executive Engineer shall consider the same in accordance with law most expeditiously, if possible within six weeks. The recovery shall abide by the aforesaid decision alternatively. Since the assessment has been treated to be final, petitioner may also take recourse to the remedy of appeal under Section 127 of the Electricity Act, 2003.
The writ petition is disposed off accordingly.
Order Date :- 22.8.2019 Ishan