Court No. - 32
Case :- WRIT - C No. - 25301 of 2018 Petitioner :- Mukesh Kumar Respondent :- State Of UP And Another Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- C.S.C.,Chandan Agarwal
Hon'ble Shashi Kant Gupta,J. Hon'ble Ajit Kumar,J.
This writ petition, inter alia, has been filed for the following reliefs;
"(a) Issue a writ, order or direction in the nature of Certiorari quashing the impugned assessment letter dated 05.07.2018 no. 3913/EDD-Gr./N/REV/Ass, arising out of checking report no. 2373, dated 29.05.2018 LMV-6 (135) passed by respondent no. 3, failing which applicant/petitioner shall suffer irreparable loss.
(b) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities that they will not recover the amount stated in the impugned assessment order dated 05.07.2018, passed by respondent no. 3, in furtherance of electricity bill dues, during pendency of the present writ petition."
Sri Chandan Agarwal, learned counsel for the Respondent No. 2, Pachimanchal, Vidhut Vitran Nigam, Limited, Meerut has stated that the final order has not yet been passed. Simply the petitioner has been directed to file his objection. Perusal of the record shows that the petitioner has already filed his objection on 10.7.2018 before the Respondent No. 2 against the assessment order.
Considering the facts and circumstances of the case and with the consent of the learned counsel for the parties, this writ petition is being disposed of with a direction to the petitioner to appear on 17.8.2018 at 11 A.M. before the Respondent No. 2 along with his objection dated 10.7.2018 and adduce any evidence, if any, in support of his contention. The Respondent No. 2, thereafter, shall pass the final order by a speaking order after considering the objections of the petitioner dated 10.7.2018 as well as the contention raised by the petitioner.
In case the petitioner is aggrieved with the final order, if any, passed against the petitioner, it will be open for the petitioner to file an appeal before the concerned authority under Section 127 of the Electricity Act, 2003 in accordance with law.
Order Date :- 26.7.2018 vinay