Court No. - 29
Case :- WRIT - C No. - 23214 of 2019 Petitioner :- Chandra Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Verma Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Rajesh Kumar Verma, learned counsel for the petitioner and Sri Mahboob Ahmad, learned counsel for respondent no. 3.
The petitioner has preferred this writ petition for challenging the demand notice dated 12.9.2018 for a sum of Rs.2,07,847/- as electricity dues. The petitioner, on inspection was found using electricity unauthorizedly, accordingly, after the provisional assessment as the petitioner failed to raise any objection, treating the said assessment to be final, the impugned demand notice has been sent to him. The petitioner alleges that he has filed objections against the assessment on 20.5.2019 and the same have not been decided.
The aforesaid objections are of the subsequent date after the provisional assessment had been finalized.
In view of the above, we do not find that any procedural irregularity has been done in assessing the petitioner and issuing the demand.
The petitioner may however press his objection dated 20.5.2019 before the Executive Engineer and the same may be considered and decided expeditiously in accordance with law, if possible within six weeks. At the same time it is open for the petitioner to prefer an appeal under Section 127 of the Electricity Act 2003 against the final assessment, if he is so adviced.
The writ petition is disposed off with the above observations.
Order Date :- 30.7.2019 Ishan