Court No. - 29
Case :- WRIT - C No. - 30327 of 2019 Petitioner :- Mahboob Ali Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mohammad Khalid,Pawan Kumar Yadav Counsel for Respondent :- C.S.C.,Chandan Agarwal
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Krishna Agarwal, learned counsel for respondent no. 4.
The petitioner has filed this petition for quashing of the recovery citation dated 6.7.2019 whereby a sum of Rs.2,52,536/- is sought to be recovered from the petitioner as electricity dues.
The submission of the learned counsel for the petitioner is that without any notice or opportunity of hearing and without sending any notice of demand, straight away the impugned recovery has been sent.
Sri Krishna Agarwal, learned counsel informs that on the basis of checking report, the petitioner was provisionally assessed for the unauthorized use of electricity and when no objections were received against the said provisional assessment, the impugned recovery has been sent.
In view of the aforesaid facts and circumstances, it is clear that the petitioner had not filed any objections probably for the reason that he was not served with the copy of the provisional assessment and that treating the provisional assessment to be final, the impugned recovery has been sent. There is no order of final assessment.
In view of the aforesaid facts and circumstances, we consider it expeditious that the petitioner should be given a post decisional hearing in the matter. Accordingly, we dispose off the writ petition with the direction to the petitioner to file objections if any against the provisional assessment. A copy of which have been supplied to the counsel for the petitioner within a period of two weeks from today.
In case, any objections are so filed, the Executive Engineer concerned shall decide the same in accordance with law most expeditiously, preferably within a period of six weeks thereafter. The recovery of the electricity dues shall abide by the order so passed by the Executive Engineer.
The writ petition is disposed off. Order Date :- 26.9.2019 Ishan