Court No. - 33
Case :- WRIT - C No. - 19729 of 2019 Petitioner :- M/S Gun Gun Industries Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atharva Dixit Counsel for Respondent :- C.S.C.,Kapil Dev Singh Rathore Hon'ble Manoj Misra,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioner; learned Standing Counsel for the respondent no.1; and Sri Kapil Dev Singh Rathore for the respondents 2, 3 and 4.
The instant petition challenges final assessment order dated 31.01.2019 and the consequential recovery notice.
It appears from the record that the petitioner had earlier filed Writ-C No.35405 of 2018 against the provisional assessment order against which an objection had already been taken by the petitioner. The said writ petition was disposed off by order dated 12.12.2018 by providing that the objection taken by the petitioner shall be decided and in case any final order is passed, the petitioner would have liberty to file an appeal under Section 127 of the Electricity Act, 2003.
As, admittedly, final assessment order has been passed, an appeal lies against the said order, under Section 127 of the Electricity Act, therefore, this petition is disposed off with liberty to the petitioner to avail the alternative remedy.
Order Date :- 3.6.2019 AKShukla/-