Court No. - 39
Case :- WRIT - C No. - 22737 of 2020 Petitioner :- Chandrashekhar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard the learned counsel for the petitioner, Sri N.
K. Tewari, learned counsel appearing on behalf of the respondent nos. 2 and 3 and the learned standing counsel for the respondent no. 1. The instant writ petition has been filed seeking following relief:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the demand notice dated 25.8.2020 issued by respondent no. 3/Executive Engineer, Electricity Distribution, Division-IInd, Basti.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to take any coercive action against the petitioner during the pendency of the instant writ petition.
(iii) pass any such other order or direction as this Hon'ble Court may deem fit and proper under the present facts and circumstances of the case.
(iv) award the cost of writ petition in favour of petitioner."
It is the case of the petitioner that the first information report was lodged against the petitioner under Section 135 of the Indian Electricity Act for the theft of the electricity by illegal means. It is further submitted that the provisional notice was served upon the petitioner on 12.3.2020 to deposit a sum of Rs. 4,30,217, which is including the compounding fee. The petitioner filed his reply to the said notice on 15.6.2020 and without considering the representation of the petitioner the recovery proceeding has been initiated in an illegal and arbitrary manner.
Per contra learned counsel appearing on behalf of the respondent nos. 2 and 3 submits that after issuance of provisional assessment notice dated 12.3.2020 no objection submitted by the petitioner and final assessment order has been issued, as such the petitioner has an alternative remedy to file an appeal before the Tribunal under Section 127 of the U.P. Electricity Act, 2003.
Considering the facts and circumstances of the case, in view of an alternative remedy available to the petitioner, we are not inclined to interfere in exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed.
Order Date :- 5.1.2021 Shahnawaz