Court No. - 29
Case :- WRIT - C No. - 24632 of 2019 Petitioner :- Lal Ji Kushwaha Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Yadu Nath Singh,Abhishek Singh Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Mahboob Ahmad, learned counsel for the contesting respondent.
Petitioner wants quashing of the recovery citation dated 30.4.2019 for a sum of Rs.1,04,763/-.
On the basis of checking report dated 6.5.2018, petitioner was provisionally assessed for unauthorized use of electricity on 26.6.2018. Since, petitioner has not raised any objection against the aforesaid assessment, it was finalized on 26.7.2018 and consequently the recovery has been issued.
The submission of the learned counsel for the petitioner is that he had filed objections against the provisional assessment but the same were not decided.
The record reveals that the objections filed by the petitioner are much later in time and as such could not be considered.
In the facts and circumstances of the case, in the interest of justice as the petitioner intends to contest the provisional assessment, we allow him to file fresh objections within a period of two weeks from today before the Executive Engineer concerned.
In case, he files any objections, the Executive Engineer shall consider it in accordance with law most expeditiously, preferably within a period of six weeks thereafter. The recovery shall abide by the aforesaid decision.
The writ petition is disposed off. Order Date :- 22.8.2019 Ishan