Court No. - 29
Case :- WRIT - C No. - 23238 of 2019 Petitioner :- Mustaq Ahamad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dwarika Prasad Shukla Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Dwarika Prasad Shukla, learned counsel for the petitioner and Sri Mahboob Ahmad, learned counsel for respondent no. 3.
The petitioner has filed this writ petition for challenging the recovery citation dated 20.6.2019 for a sum of Rs.81,101/- as electricity dues.
The submission of the learned counsel for the petitioner is that without giving any notice or opportunity of hearing the provisional assessment was finalized and the impugned recovery has been issued. The objections of the petitioner against the provisional assessment were filed within time. All the receipts of the copy of the provisional assessment were not considered and decided.
In view of the aforesaid facts and circumstances, we dispose off the writ petition with the direction to the Executive Engineer- respondent no. 3 to consider and decide the objections of the petitioner alleged to have been filed on 1.9.2018 against the provisional assessment in accordance with law most expeditiously, if possible within a period of six weeks from the date a copy of this order is produced before him. For a period of two months or till the decision of the objections whichever is earlier, no coercive steps shall be taken against the petitioner for realizing the electricity dues pursuant to the impugned citation.
In the event of default on part of the petitioner in producing the copy of this order within time provided, the benefit of this order would come to an end.
Order Date :- 30.7.2019 Ishan