Court No. - 29
Case :- WRIT - C No. - 42467 of 2018 Petitioner :- Nand Lal Gupta Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Ankur Mehrotra Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Ankur Mehrotra, learned counsel for the petitioner, learned Standing Counsel for the State- respondents and Sri Mahboob Ahmad, learned counsel appearing for the respondents no. 2, 3, 4 and 5.
Upon checking, the petitioner was served with the provisional assessment order dated 20.9.2018 with regard to the use of electricity. The petitioner failed to file any objections against the aforesaid assessments, and, accordingly, treating the same to be final, the respondent no. 4 has sent a requisition to the Collector to recover the aforesaid amount of Rs. 3,41,188/-.
The petitioner before issuance of the aforesaid demand was never served with the final assessment order or any bill for the payment of the electricity dues.
In view of the above facts and circumstances, Sri Mahboob Ahmad, learned counsel appearing for the Power Corporation, very fairly accepts that in case petitioner files any objections against the provisional assessment the same shall be considered and the assessment shall be finalized afresh.
In view of the aforesaid facts and circumstances, we dispose of the writ petition with liberty to the petitioner to file objections against the provisional assessment within a period of two weeks from today. On filing of the said objections, the respondent no. 4 shall consider it and finalize the assessment in accordance with law, most expeditiously, if possible, within a month. On the finalization of the assessment, a bill of demand shall be raised and served upon the petitioner whereupon the payment shall be made accordingly subject to appeal, if any.
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 20.12.2018 Puspendra