Court No. - 4
Case :- WRIT - C No. - 2049 of 2008 Petitioner :- Jitin Kumar Verma Respondent :- State Of U.P. And Others. Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.,H.P. Dubey
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
Heard. Perused the record.
This writ petition has been filed by the petitioner with the prayer to issue suitable writ, order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned Recovery Citation dated 07.12.2007 issued under the signature of Tehsildar, Sambhal, Moradabad (Annexure no.3 to the writ petition). A further prayer has been made to issue suitable writ, order or direction in the nature of Mandamus commanding the respondent not to take any coercive measure against the petitioner for recovery of sum of Rs.1,45,976 together with interest.
From the perusal of the averments made in the writ petition, it transpires that a final bill dated 23.01.2007 demanding a sum of Rs.1,45,949/- from the petitioner was issued by respondent no.5 on the premise that upon surprise inspection of his premises, he was found using electricity unauthorizedly.
The contention of the petitioner appears to be that neither his premise was ever checked nor before issuing the final bill any provisional assessment was made. Further contention of the petitioner is that the final assessment was made without affording any opportunity of hearing to him.
Neither any counsel has appeared on behalf of respondent nos. 2 and 5 nor any counter affidavit has been filed by any of the respondents in this writ petition.
In view of the above, without expressing any opinion on the merits, we dispose of this writ petition with liberty to the petitioner to make a representation before respondent no.5 raising all the grounds which have been taken by him in this writ petition within a period of four weeks from today along with a certified copy of this order.
In case any such representation is filed before respondent no.5 within the time indicated hereinabove, he shall consider and dispose of the same in accordance with law by a speaking and reasoned order after affording opportunity of hearing to the petitioner, within a further period of four weeks. For a period of twelve weeks from today or till the disposal of the petitioner's representation whichever is earlier, the recovery proceedings against the petitioner pursuant to the impugned Citation dated 07.12.2007 shall remain stayed.
It is made clear that in case the petitioner fails to file representation within the period indicated hereinabove, this writ petition shall stand dismissed and the petitioner shall not be entitled to any benefit of this order.
Order Date :- 26.2.2018 Madhurima