Court No. - 29
Case :- WRIT - C No. - 41757 of 2018 Petitioner :- Gaurav Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Munesh Kumar,Ashish Kumar Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Sri Pranjal Mehrotra, learned counsel appearing for the respondents no. 2 and 3.
Under challenge is the impugned recovery notice dated 14.5.2017 for a sum of Rs. 84,946/- as electricity dues.
The submission of learned counsel for the petitioner is that the aforesaid demand has been raised without either provisionally assessing the petitioner or making the final assessment.
Sri Pranjal Mehrotra, learned counsel for the respondents no. 2 and 3 was given time on the last occasion to seek instructions in the matter. He has obtained instructions which have been passed on to the court. The said instructions dated 19.12.108 clearly states that the provisional assessment notice was not given to the petitioner and that the department is ready to make the provisional assessment on the basis of the checking dated 3.2.2017.
In view of the above instructions, it is admitted that without any making provisional assessment or final assessment the impugned demand notice has been issued which is legally not tenable.
Accordingly, the demand notice dated 14.9.2017 is quashed with the direction to the Executive Engineer, Vidyut Vitran, Khand Chandausi, District Sambhal (respondent no. 3) to make provisional assessment of the use of the electricity by the petitioner pursuant to the checking held on 3.2.2017 and after finalizing the same in accordance with law to proceed with the recovery of the dues, if any.
With the above observations, the writ petition is allowed.
Order Date :- 20.12.2018 Puspendra