Court No. - 29
Case :- WRIT - C No. - 19345 of 2019 Petitioner :- Mussarat Ali Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Counsel for Respondent :- C.S.C.,Ashutosh Srivastava,Baleshwar Chaturvedi
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard Sri Surendra Kumar, learned counsel for the petitioner, learned Standing Counsel for the respondent No.1, Sri Baleshwar Chaturvedi for the respondent No.2 and Sri Ashutosh Srivastava for the respondent No.3.
The petitioner has come up in this writ petition seeking a direction against respondent No.3 to consider and decide the objection filed by him in response to the provisional assessment of the electricity dues.
The petitioner was found involved in unauthorized use of electricity and thus provisional assessment was made calling upon him to file objections. The petitioner filed objections and according to the counsel for the respondent No.3 the objections filed by the petitioner have been considered and decided and the petitioner in this regard has been informed vide letter dated 9th April, 2019. A copy of the letter has been produced before us. We are satisfied that the objections of the petitioner have been decided and final assessment has been made.
Against the final assessment so made the petitioner has remedy of filing appeal before the Commissioner of the Division under Section 127 of the Electricity Act, 2003.
In view of the aforesaid facts and circumstances, the prayer made by the petitioner in the writ petition is meaningless and if the petitioner is not satisfied by the final assessment so made or rejection of his objections he may prefer an appeal under Section 127 of the Electricity Act which shall be considered and decided by the Commissioner of the Division in accordance with law.
The writ petition is disposed of with the aforesaid observation.
Order Date :- 30.5.2019 Brijesh