Court No. - 38
Case :- WRIT - C No. - 5658 of 2019 Petitioner :- Mohammad Kasif Respondent :- M. D. Madhyanchal Vidyut Vitran Nigam Ltd. And 4 Others Counsel for Petitioner :- Ashutosh Counsel for Respondent :- C.S.C.,Kapil Dev Singh Rathore
Hon'ble Abhinava Upadhya,J. Hon'ble Jayant Banerji,J.
Heard Shri Ashutosh, learned counsel for the petitioner and Shri Kapil Dev Singh Rathore, learned counsel for the respondent- Electricity Department.
By means of this writ petition, the petitioner has challenged the recovery citation dated 19 December 2018 issued against him for recovery of a sum of Rs.5,19,482/-.
Learned counsel appearing for the petitioner submits that without any notice of provisional assessment for unauthorised use of electricity, a recovery citation has been issued straightaway.
Learned counsel appearing for the Electricity Department was requested to seek instructions and, upon instructions, he submits that a provisional assessment has been made to which the petitioner did not file any objection and thereafter final assessment must have been made and so the recovery citation has been issued against the petitioner. Upon query being put to learned counsel as to whether any final assessment order has been passed, no answer is forthcoming.
We have noticed in number of cases that after the provisional assessment is made, if no objections are filed then the Department treats the provisional assessment as final assessment and recovery citation are issued. Same is the case in the present matter.
Since despite the time granted to the learned counsel for the Electricity Department, final assessment order has not been produced before the Court, we presume that no final assessment has been made.
That being the case, the learned counsel for the petitioner is handed over a copy of the provisional assessment dated 14 June 2018 to which the petitioner may now file an objection and if such an objection is filed, the same be considered and decided by the Executive Engineer in accordance with law within a period of one month. For a period of one month, no coercive action shall be taken against the petitioner pursuant to the recovery citation dated 19 December 2018.
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 25.2.2019 SK (Jayant Banerji, J.) (Abhinava Upadhya, J.)