Court No. - 29
Case :- WRIT - C No. - 30444 of 2019 Petitioner :- Jamuna Prasad Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ghazala Bano Quadri Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Ms.Ghazala Bano Quadri, learned counsel for the petitioner and Sri Mahboob Ahmad, learned counsel for respondent nos.2 and 4.
The writ petition is directed against the recovery citation dated 10.07.2019 for a sum of Rs.72,183/- plus others as electricity dues.
The argument is that without any notice of demand, the aforesaid recovery has been issued. The petitioner is not having any electricity connection and is not involved in any theft of energy.
Sri Mahboob Ahmad, learned counsel is having instructions in the matter and he informs that premises of the petitioner was checked on 28.11.2017 and on the basis of the said checking report, the petitioner was assessed for unauthorized use of electricity provisionally on 08.12.2017. The relevant documents were sent to the petitioner by registered post but petitioner failed to raise any objections against the same and accordingly, treating the assessment to be final, the impugned recovery has been sent.
The facts as narrated above, discloses that the petitioner had not filed any objection against the provisional assessment probably for the reason that provisional assessment was not received by him.
Sri Mahboob Ahmad, learned counsel has supplied the copy of the checking report and provisional assessment to the counsel for the petitioner during the course of hearing.
In view of the aforesaid facts and circumstances, we dispose off the petition with the direction to the petitioner to file objections, if any, against the aforesaid provisional assessment before the Executive Engineer within a period of two weeks from today. In case any such objections are filed, the Executive Engineer shall consider and decide the same in accordance with law most expeditiously. The recovery of the electricity dues shall abide by the decision of the Executive Engineer.
The writ petition is disposed off.
Order Date :- 26.9.2019 Sattyarth