Court No. - 32
Case :- WRIT - C No. - 39108 of 2018 Petitioner :- Shri Nath Chauhan Respondent :- State Of U.P. And Another Counsel for Petitioner :- Navneet Kumar Mishra,Arvind Kumar Rai Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioner and Sri Mahboob Ahmad, learned counsel for the Power Corporation.
This writ petition has been filed, inter alia, for the following relief;
"i. Issue a writ, order or direction in the nature of certiorari quashing the notice/order dated 08.08.2017 passed by the respondent no.2 through letter No. 2609 Vidyut Vitran Khand Pratham Ghazipur/Rajaswa/Raids by which the respondent no.2 has directed to realize the amount of Rs. 4,50,000."
Learned counsel for the petitioner has submitted that without giving any opportunity of being heard, the recovery citation has been issued against the petitioner by issuing a back-dated provisional assessment order.
Sri Mahboob Ahmad, learned for the Electricity Department has very fairly stated that he has no objection in case, the petitioner is granted a fresh opportunity of filing his objection to the assessment and further assured that the citation issued by the electricity department will not be pressed by the department.
Considering the facts and circumstances of the case and the submission made by the learned counsel for the parties, the petitioner is directed to appear on 18.12.2018 at 11 A.M. before the Respondent No. 2, Executive Engineer and make a fresh representation/objection before the Respondent No. 2, Executive Engineer ventilating his grievances along with the certified copy of this order enclosing therewith a copy of the writ petition along with its Annexures and, if any such representation/objection is made, the said authority shall make all endeavour to consider and decide the same by a speaking order after considering the representation/objections of the petitioner in accordance with law expeditiously preferably within 15 days from the date of receipt of the said representation/objection after affording personal hearing to the petitioner.
It is open for the petitioner to adduce any cogent evidence, if any, in support of his contention and take all legal pleas as permissible in law.
For a period of 30 days from today or till the order is passed by the Executive Engineer, whichever is earlier, impugned recovery/demand notice dated 08.08.2017 shall remain stayed.
In case, the petitioner is aggrieved by the final assessment order passed by the Electricity Department, he has got an appropriate remedy to file an appeal under Section 127 of The Electricity Act, 2003.
It is made clear that if the petitioner does not appear on the date and time fixed by this Court, he will not be entitled to seek any benefit from the order passed by this Court today.
Accordingly the writ petition is disposed of.
Order Date :- 30.11.2018 S.Ali