Court No. - 39
Case :- WRIT - C No. - 12539 of 2021 Petitioner :- Mohd. Ayyoob@ Ajayub Respondent :- State Of U.P And Others Counsel for Petitioner :- Shyam Shankar Shukla Counsel for Respondent :- C.S.C.,Abhishek Srivastava
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner and Sri Abhishek Srivastava, learned counsel for the respondent-Nigam.
The written instructions filed today be uploaded with the file.
The challenge is to the recovery notice dated 24.12.2020 issued by the respondent no. 4 for recovery of the electricity charges. The assessment for unauthorized use of electricity has been made under Section 126 of the Electricity Act, 2003.
By means of the written instruction, it is submitted by learned counsel for the respondent that the provisional assessment with regard to the checking report dated 18.09.2019 was sent to the petitioner on 05.07.2021. When no response was received, the final order was passed before issuance of the recovery certificate.
From a perusal of the order dated 05.07.2021 issued by the Executive Engineer, it appears that the petitioner was called upon to appear before him within a period of two days from the date of notice so that his grievances can be addressed We, therefore, dispose of the writ petition with the direction that the petitioner shall appear in the office of the Executive Engineer on 03rd August, 2021. On the said date, the copy of provisional assessment notice and the final assessment order shall be supplied to the petitioner along with the checking report. On receipt of the said documents, the petitioner shall submit his objections on or before 10th August, 2021.
The Executive Engineer concerned or the Prescribed Authority, Electricity Distribution Division, Paschimanchal Vidyut Vitran Nigam Ltd. namely respondent no. 2 shall consider the objections, if filed by the petitioner and take an expeditious decision, in accordance with law, within a period of three weeks from the date of filing thereof.
For a period of two months or till a fresh decision is taken by the Executive Engineer, whichever is earlier, no coercive process shall be taken against the petitioner pursuant to the notice dated 24.12.2020. It goes without saying that if the petitioner herein fails to appear before the Executive Engineer or in filing the objections, it would be open for the competent authority to proceed in accordance with law.
Order Date :- 27.7.2021 gp Digitally signed by Justice Sunita Agarwal Date: 2021.07.29 12:23:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Sadhna Rani Thakur Date: 2021.07.29 12:24:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad