Court No. - 29
Case :- WRIT - C No. - 22961 of 2019 Petitioner :- Mohd.Asif Respondent :- State Of U.P. And Another Counsel for Petitioner :- Nayab Ahmad Khan Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Mahboob Ahmad, learned counsel for the respondent no.2.
The petitioner has been served with a recovery citation dated 15.06.2019 for a sum of Rs.6,69,908/- as electricity dues.
Submission of learned counsel for the petitioner is that he had applied for a fresh electricity connection and since he failed to grease palms of the officers, they have illegally lodged First Information Report and had raised impugned demand.
The record reveals that the premises of the petitioner was checked on 01.03.2019 whereupon the petitioner was found using electricity illegally for running Aata Chakki and Speller. Accordingly, First Information Report was lodged and simultaneously, the petitioner was provisionally assessed for use of electricity. The provisional assessment was sent to the petitioner by registered post but as he failed to file any objections treating the assessment to be final, the impugned recovery has been issued.
Sri Mahboob Ahmad, learned counsel for the respondent no.2 very fairly states that as the petitioner had not filed objections against the provisional assessment, the respondent no. 2 will provide with the copy of provisional assessment to him and he may file objections against it and if any objections are filed that will be considered and decided by the Executive Engineer.
Sri Mahboob Ahmad, learned counsel for the respondent no. 2 has already supplied the copy of the provisional assessment and the demand notice to counsel for the petitioner.
In view of the aforesaid facts and circumstances, we dispose off the writ petition with liberty to the petitioner to file objections against the aforesaid provisional assessment within a period of two weeks before the Executive Engineer. In the event, any objections are so filed, the Executive Engineer shall consider it and pass appropriate order finalizing the assessment most expeditiously within a period of two weeks thereafter. Only on finalizing the assessment, the respondents shall proceed to recover the dues according to the said assessment or to press the impugned recovery.
Order Date :- 25.7.2019 S.Sharma