Court No. - 37
Case :- WRIT - C No. - 20571 of 2019 Petitioner :- Furqan Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Karunesh Narayan Tripathi Counsel for Respondent :- C.S.C.,Kapil Dev Singh Rathore Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Piyush Agrawal,J.
Heard Mr. Karunesh Narayan Tripathi,learned counsel for the petitioner and Mr. Kapil Dev Singh Rathore, learned counsel for the respondent No.4.
The writ petition has been filed for quashing the recovery proceeding in pursuance of the recovery citation dated 19.12.2018 issued by respondent No. 3 for recovery of Rs. 2,70,940/-.
Mr. Kapil Dev Singh Rathore, learned counsel for the respondent No.-4 pointed out that during checking the petitioner was found using 1 K.W. electricity in unauthorized manner for commercial purpose. Thereafter, provisional assessment was made. In support of notice of the provisional assessment, the petitioner has not filed any objection. Later on final bill was issued and in pursuance thereof now recovery proceeding has been initiated.
The learned counsel for the petitioner denied service of provisional assessment therefore a copy of provisional assessment has been supplied to him in the Court.
The petitioner is granted 15 days time to file his objection against the provisional assessment before Executive Engineer-respondent No.-4.
In case any objection is filed within 15 days from today along with certified copy of this order then Executive Engineer shall pass appropriate order on the objection of the petitioner and order so passed can be challenged by the petitioner if not in his favour.
In accordance with the aforesaid objection, the writ petition is disposed of for a period of one month. The recovery against the petitioner shall be kept in abeyance.
Order Date :- 25.6.2019 SY