Court No. - 29
Case :- WRIT - C No. - 24677 of 2019 Petitioner :- Bhupendra Singh @ Bhupendra Singh Chauhan Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Vinay Kumar Mishra Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the parties.
On the basis of the checking report, the petitioner was found using electricity unauthorizedly. He agreed for payment of Rs.20,000/- as compounding fee to avoid criminal prosecution under Section 135 of Electricity Act, 2003. Simultaneously, the petitioner was provisionally assessed for unauthorized use of electricity for a sum of Rs.1,27,295/-.
The petitioner in response to the above, deposited a sum of Rs.8000/- towards compounding fee and the balance Rs.12000/- remains to be paid.
As against the provisional assessment, the petitioner raised no objection and deposited a sum of Rs.8000/-. Thus, towards assessment, a sum of Rs.1,19,295/- remains to be paid.
The petitioner was served with a notice of demand dated 23.05.2019 requiring him to pay a sum of Rs.1,27,295/- towards assessment and Rs.20,000/- towards compounding fee.
The said demand notice has been challenged by the petitioner contending that he has already paid sufficient amount and since the matter has been compounded he is not liable for payment of any further amount.
The argument is completely misconceived inasmuch as payment of compounding fee is in respect of offence of theft is altogether distinct from unauthorized use of electricity for which the petitioner is liable to pay as per assessment.
In view of the aforesaid facts and circumstances, we do not find any merit in this writ petition and the same is dismissed with liberty to the petitioner to file objections if so advised against the provisional assessment which will be considered and decided by the Executive Engineer in accordance with law most expeditiously preferably within a period of six weeks and the recovery of the electricity dues shall abide by the same. Alternatively, the petitioner may challenge the provisional assessment which has become final due to non-filing of objections by filing an appeal under Section 127 of the Electricity Act, 2003.
Order Date :- 22.8.2019 S.Sharma