Case :- WRIT - C No. - 25190 of 2019 Petitioner :- Kalicharan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajeev Kumar Upadhyay Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Rajeev Kumar Upadhyay, learned counsel for the petitioner.
Sri Baleshwar Chaturvedi, who has accepted notice on behalf of respondents no. 4 and 5 has produced the relevant documents relating to the assessment and the issuance of the impugned demand.
The petitioner is aggrieved by the demand of Rs.1,01,978/- as electricity dues dated 3.10.2018.
On the basis of the checking report dated 13.2.2018, petitioner was provisionally assessed for use of electricity unauthorizedly to the tune of Rs.1,01,956/- and by adding the arrears of the dues of Rs.23,044/- a demand of Rs.1,25,000/- has been raised against him.
It has been submitted that the petitioner has failed to raise any objections against the provisional assessment and as such by treating it to be final, the impugned demand was raised in absence of any order, finalizing the assessment, the petitioner cannot file an appeal as provided under Section 127 of the Electricity Act, 2003.
In view of the facts and circumstances, we dispose off the writ petition with liberty to the petitioner to file objections against the provisional assessment, a copy of which have been supplied to him by the learned counsel for the respondent during the course of hearing within a period of two weeks from today.
In case, any objections are so filed, the Executive Engineer shall consider it in accordance with law and finalize the assessment most expeditiously, if possible within a month thereafter. The recovery of any dues of electricity on the basis of the above checking report is abide by the final order of the Executive Engineer.
Order Date :- 26.8.2019 Ishan