Court No. - 29
Case :- WRIT - C No. - 26181 of 2019 Petitioner :- Lalji Gaur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramashray Tripathi Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
The petitioner has preferred this writ petition against the recovery citation dated 13.7.2018, whereby a sum of Rs.2,97,544/- are being recovered from the petitioner as electricity dues.
The petitioner on the basis of checking dated 26.12.2016 was provisionally assessed to unauthorized dues of electricity vide order dated 22.2.2017 and treating the same to be final, the impugned recovery citation has been issued.
The submission is that the petitioner was never served with the provisional assessment to enable him to file objections.
Sri Mahboob Ahmad, who has accepted notice on behalf of respondent no. 4 submits that the provisional assessment was sent to the petitioner by registered post but he is not having the document to establish the same.
In any view of the matter as the petitioner intends to file objections against the provisional assessment, 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 counsel for the respondent in open Court within a period of two weeks from today.
In case, any objections are so filed, the Executive Engineer concerned shall consider the same and pass a speaking order finalizing the assessment. The recovery of the electricity dues would abide by the said order.
The writ petition is disposed off. Order Date :- 26.8.2019 Ishan