Court No. - 29
Case :- WRIT - C No. - 23226 of 2019 Petitioner :- Diwan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Singh Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble Pankaj Mithal,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner and Sri Baleshwar Chaturvedi, learned counsel appearing for respondent no. 3.
The petitioner has been served with recovery citation dated 28.11.2018 for a sum of Rs. 2,85,853/- as electricity dues.
The submission of learned counsel for the petitioner is that he was not given any notice or opportunity of hearing before finalizing the assessment of the said dues.
Sri Baleshwar Chaturvedi informed that the petitioner was found using electricity unauthorizedly and accordingly for the unauthorized use of electricity he was provisionally assessed vide order dated 14.3.2016. The said order of provisional assessment was sent to the petitioner by registered post and since objections were not received against the said assessment treating the assessment to be final, the demand notice was issued on 30.5.2017 to the petitioner. On the petitioner's failure to deposit the amount, recovery citation has been issued.
In view of the aforesaid facts and circumstances, the petitioner has duly been assessed for unauthorized use of electricity and in case he is not satisfied by the same, he may prefer an appeal against the aforesaid assessment under Section 127 of the U.P. Electricity Act, 2003.
In view of the aforesaid facts and circumstances, we do not deem it necessary to exercise our writ jurisdiction in the matter.
The petition is dismissed with the aforesaid liberty to the petitioner.
Order Date :- 26.7.2019 SKS