Court No. - 29
Case :- WRIT - C No. - 22966 of 2019 Petitioner :- Mohd. Yamin Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dinesh Pathak,Rakesh Pathak Counsel for Respondent :- C.S.C.,Kapil Dev Singh Rathore
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Kapil Dev Singh Rathore, learned counsel for respondent Nos. 2 and 3.
The petitioner has been served with a recovery citation dated 20.06.2019 for a sum of Rs. 1,35,588/- as electricity dues.
On the basis of the checking report, an F.I.R. has been lodged against the petitioner for unauthorised use of electricity. Simultaneously he has been provisionally assessed. The petitioner failed to object to the said assessment, thus treating it to be final, a demand notice has been issued to him and consequently the impugned recovery citation.
The submission of learned counsel for the petitioner is that he was not given proper opportunity to object to the provisional assessment and the objections which he filed later on were not considered.
Sri Rathore has supplied a copy of the provisional assessment to 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 provisional assessment, if any, within a period of 2 weeks from today. On the objections so filed, the Executive Engineer shall consider the same and finalize the assessment and thereupon proceed to recover the amount accordingly.
The writ petition stands disposed off. Order Date :- 25.7.2019 Nirmal Sinha