Court No. - 3
Case :- WRIT - C No. - 31679 of 2021 Petitioner :- Manoj Kumar Verma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Punit Kumar Gupta,Gaurav Maurya Counsel for Respondent :- C.S.C.,Alok Mishra
Hon'ble Manoj Kumar Gupta,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
By impugned demand letter dated 08.10.2021, the petitioner has been communicated with the final assessment made under Section 126 of the Electricity Act, 2003.
Leaned counsel for the respondent-Corporation submit that against order of final assessment, an appeal lies under Section 127 of the Act upon compliance of the conditions stipulated under sub-section (2), which could not be disputed by learned counsel for the petitioner.
Consequently, we decline to examine the challenge and relegate the petitioner to the alternative remedy provided under the Act.
At this stage, learned counsel for the petitioner submitted that the petitioner will file appeal within a week and the appellate authority be directed to decide the same on merits, to which Sri Alok Mishra, counsel for the respondent-corporation has no objection.
We direct accordingly.
The petition stands disposed of. Order Date :- 17.12.2021 Kirti (Dr. Y.K. Srivastava, J) (Manoj Kumar Gupta, J)