Court No. - 39
Case :- WRIT - C No. - 22890 of 2020 Petitioner :- Karamat Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- M J Akhtar Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Supplementary affidavit filed today is taken on record.
Heard the learned counsel for the petitioner, Sri N. K. Tewari, learned counsel appearing on behalf of the respondent nos. 2 and 3 and the learned standing counsel for the respondent no. 1.
The instant writ petition has been filed seeking following relief:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 28.8.2020 (Annexure-8) issued by the respondent no.2, Executive Engineer, Electricity Distribution Division, Hata, Kushinagar;
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to not take coercive action against the petitioner in view of the impugned notice dated 28.8.2020 (Annexure-8) issued by the respondent no.2 whereby fixing revenue against the petitioner of being alleged theft of electricity by running wielding machine i.e. Rs.1,15,200/-;
(iii) Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case;
(iv) Award the cost of the petition in favour of the petitioner."
It is the case of the petitioner that the first information report was lodged against the petitioner under Section 135 of the Indian Electricity Act for the theft of the electricity by illegal means. It is further submitted that as the provisional notice dated 14.7.2020 was served upon the petitioner along with final assessment dated 28.8.2020, he could not file his reply/objection to the impugned notice. Hence the proceeding pursuant to the impugned notice dated 28.8.2020 issued by the respondent no.2 has been initiated in an illegal and arbitrary manner.
Per contra learned counsel appearing on behalf of the respondent nos. 2 and 3 contends that an inspection of the premises of the petitioner was made on 3.7.2020 and found irregularity, as such provisional assessment was made on 14.7.2020. As no objection was filed by the petitioner, final assessment has been made, pursuant to which recovery notice has been issued by the respondent no.2. He further contends that as the petitioner has an alternative remedy to file an appeal before the Tribunal under Section 127 of the U.P. Electricity Act, 2003, instant petition may not be entertained.
Considering the facts and circumstances of the case, in view of an alternative remedy available to the petitioner, we are not inclined to interfere in exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India.
Accordingly, the writ petition is dismissed.
Order Date :- 8.1.2021 M. Tariq