Court No. - 1
Case :- WRIT - C No. - 39187 of 2019 Petitioner :- M/S Guljaar Food Products Bakery Respondent :- Paschimanchal Vidyut Vitran Nigam Ltd And Another Counsel for Petitioner :- Kiran Kumar Arora Counsel for Respondent :- Pranjal Mehrotra
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri K.K. Arora, learned Advocate appearing on behalf of the petitioner and Sri Pranjal Mehrotra, learned counsel for the respondent nos. 1 and 2.
By means of this petition under article 226 of the constitution, the petitioner has prayed for a writ of certiorari for quashing the order issued on 24.10.2019 directing the petitioner to make certain deposit or show cause.
Learned counsel for the petitioner has drawn our attention to the averments made in para-9 of the writ petition whereunder it has been averred that there is no provisional assessment order passed as yet.
On a pointed query being made to learned counsel appearing for the corporation Sri Pranjal Mehrotra submits that he is ready to immediately ask his client to issue a provisional assessment to the petitioner inviting his objection thereon and submits that it is only thereafter final assessment shall be passed and any order for recovery of the amount shall be passed only after the final assessment is passed and that too after giving proper opportunity of hearing to the petitioner.
In view of the above, the writ petition is disposed of with the direction that the provisional assessment order shall be supplied to the petitioner within two weeks from today and the petitioner shall have liberty to file objection within a further period of two weeks thereafter within a period of four weeks final assessment order shall be passed. It is thereafter only any demand shall be raised.
(Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 29.11.2019 Shiraz