Court No. - 29
Case :- WRIT - C No. - 41532 of 2018 Petitioner :- Mahendra Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Devendra Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
The petitioner has come up in this petition against the recovery certificate dated 25.8.2018 with regard to electricity dues amounting to Rs. 2,37,266/-.
The petitioner is actually disputing the electricity bill but Sri Chandan Agrawal, learned counsel for respondent no. 4 points out that during checking the petitioner was found using electricity unauthorizedly. Therefore, he was provisionally assessed for the use of electricity and when no objection was filed, the assessment was treated to be final and on that basis the impugned recovery has been issued.
Once the assessment has been taken to be final, the only remedy available to the petitioner is to file an appeal under Section 127 of the Electricity Act, 2003 before the Commissioner of the Division.
In view of the above statutory remedy available to the petitioner, we do not deem it necessary to exercise our discretionary jurisdiction.
The writ petition is accordingly dismissed.
Order Date :- 20.12.2018 SKS