Court No. - 38
Case :- WRIT - C No. - 2903 of 2019 Petitioner :- Kamaluddin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Singh,Jitendra Pal Singh Counsel for Respondent :- C.S.C.,Kapil Dev Singh Rathore
Hon'ble Abhinava Upadhya,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard learned counsel for the petitioner, Sri Kapil Dev Singh Rathore, learned counsel appearing for the respondents-Power Corporation and the learned Standing Counsel appearing for the State- respondent no.1.
By the order of this Court dated 8.2.2018 passed in Writ C No.4897 of 2018, provisional assessment order was quashed and a direction was issued upon the statement made by the learned counsel appearing for the Electricity Department that a fresh provisional assessment order will be passed and the objections will be invited and thereafter final assessment will be made.
Learned counsel for the petitioner submits that although a fresh provisional assessment order has been passed and the petitioner has also filed his representation/objection but without considering his objection a demand has been raised for a sum of Rs. 33,98,943/- . It is further submitted that no final assessment has been made, yet the department is pressing for the recovery of the said amount.
In our view, it would be appropriate to direct the Executive Engineer to consider the objection of the petitioner and then proceed further in the matter.
The writ petition is disposed of with the observation that against the provisional assessment dated 16.4.2018 the objection filed by the petitioner as contemplated under Section 126(3) of the Electricity Act on 1.5.2018 be considered and decided after giving opportunity to the petitioner and will also fix a date for personal hearing as provided under Clause 8.2 of the U.P.Supply Code.The said order shall be passed within a period of one month from today.
For a period of one month, no coercive action shall be taken against the petitioner pursuant to the demand notice dated 7.1.2019.
Order Date :- 29.1.2019 SKM
(Dr. Y.K.Srivastava,J.) (Abhinava Upadhya,J.)