Court No. - 29
Case :- WRIT - C No. - 31034 of 2019 Petitioner :- Mohd. Raees Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anuj Kumar Gupta,Anshul Kumar Singhal Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Anshul Kumar Singhal, learned counsel for the petitioner and Sri Pranjal Mehrotra, learned counsel for respondent no. 3.
The petition is direction against the recovery citation dated 15.7.2019 for a sum of Rs. 2,22,448/-. The aforesaid recovery citation is in respect of electricity dues for unauthorized use of electricity.
The argument is that without provisional assessment and opportunity of hearing the impugned recovery has been sent.
Sri Pranjal Mehrotra is having instructions and according to him the copy of the checking report was supplied to the petitioner and against it petitioner has already filed objections. The provisional assessment was also sent to the petitioner by registered post but petitioner has not filed any objection. The provisional assessment is dated 6.6.2019.
Learned counsel for the petitioner has been supplied the copy of the provisional assessment. He may file objections to it within a period of two weeks from today before the Executive Engineer. In the event any objections are so filed, the Executive Engineer shall consider both the objections of the petitioner ie. one filed against the checking report and the other with regard to provisional assessment in accordance with law most expeditiously within a period of six weeks from the date of filing of the objections. The impugned recovery shall abide by the decision of the Executive Engineer so passed against the objections of the petitioner.
Order Date :- 27.9.2019 SKS