Court No. - 32
Case :- WRIT - C No. - 36758 of 2019 Petitioner :- Baburam Respondent :- Executive Engineer Vidyut Vitran And 3 Others Counsel for Petitioner :- Amrendra Nath Rai, Sanjay Singh Counsel for Respondent :- C.S.C., Kapil Dev Singh Rathore
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
This writ petition has been filed, inter alia, for the following reliefs:
"(i) Issue a writ, order or direction in the nature of mandamus commanding respondent no. 1 to decide the objection/reply dated 23.12.2017 and 01.01.2018 submitted by the petitioner and served the order/or final assessment dated 13.06.2019 accordingly.
(ii) Issue a writ of certiorari quashing the demand notice dated 13.06.2019 (Annexure No. 3) issued by respondent no. 1 and recovery citation dated 05.10.2019 (Annexure No. 5) issued by respondent no. 4."
Heard learned counsel for the petitioner, learned counsel for the electricity department and perused the record.
Learned counsel for the petitioner has stated that the final order has been passed and consequently recovery citation has been issued by the Electricity Department against the petitioner without considering the objection filed by him against the provisional assessment order.
Learned counsel appearing on behalf of the Electricity Department has submitted that a fresh final order would be passed after considering the objection filed by the petitioner.
In view of the above, we hereby quash the demand notice dated 13.06.2019 issued by the respondent no. 1 and recovery citation dated 05.10.2019 issued by the respondent no. 4 and direct the petitioner to appear on 16.12.2019 at 11.00 A.M. before the Respondent No.1, Executive Engineer along with his objection already filed by him and adduce his evidence, if any, in support of his contention. The Respondent No.1, thereafter, shall pass a fresh 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.
With the above observations, the writ petition stands disposed of.
Order Date :- 28.11.2019 Arun