Court No. - 3
Case :- WRIT - C No. - 331 of 2021 Petitioner :- Haribabu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Pal Singh Counsel for Respondent :- C.S.C.,Mukesh Kumar Singh,Pranjal Mehrotra
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Satya Pal Singh, learned counsel for the petitioner, Shri Rajesh Yadav, learned counsel for the respondent Corporation and the learned Standing Counsel for the State.
2. Challenge has been raised to the recovery citation dated 15.09.2019 seeking recovery of Rs. 1,99,645/- towards electricity dues.
3. While, learned counsel for the petitioner submits that the recovery is not based on any material or valid demand, learned counsel for the respondent Corporation points out that, in the present case, allegation of theft is involved against the petitioner, giving rise to the demand.
4. In absence of the provisional assessment order or the final assessment order on record, it is difficult to consider the claim made by the petitioner. At the same time, no purpose would be served in keeping the present petition pending or calling for a counter affidavit as, admittedly, the petitioner has not been heard before the demand was raised. Also, the petitioner appears to have deposited Rs. 42,025/- on 25.01.2020, after the issuance of the recovery citation/demand dated 15.09.2019.
5. Accordingly, the writ petition is disposed of with a direction that in case the petitioner files a fresh application before respondent no.4 along with a copy of this order and applies for copies of the provisional assessment order and/or final assessment order as also the adverse material being relied against him. within a period of two weeks from today, the said respondent shall make available to the petitioner such order(s) and material within a period of two weeks from the date of the application being made. Within a further period of two weeks therefrom, the petitioner may file written objection together with the evidence on which he may seek to rely upon, before respondent no.4. Upon such compliance being made, respondent no.4 shall fix a short date within two weeks therefrom for hearing in the matter and pass a final order within two weeks thereafter, strictly in accordance with law.
6. For a period of three months from the date of first application or till the decision is taken, whichever is earlier, no coercive action shall be taken against the petitioner.
Order Date :- 24.8.2021 AHA