In Residence
Case :- WRIT - C No. - 9527 of 2021 Petitioner :- Navi Hasan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R.P.S. Chauhan Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Dinesh Pathak,J.
The matter has been heard through Video Conferencing.
Sri Pranjal Mehrotra learned Advocate for the respondent nos. 2 and 3 admits that the objection dated 28.8.2020 allegedly filed by the petitioner on 31.8.2020 in accordance with the provisions of the U.P. Electricity Supply Code, 2005 had been received in the office of respondent no. 3 and that the same had not been decided. It is stated that as on date, final assessment order has not been passed.
As per instructions of Sri Pranjal Mehrotra learned counsel for the respondent nos. 2 and 3, no coercive proceeding has yet been commenced against the petitioner.
By means of the present writ petition, the challenge is to the provisional assessment notice dated 21.7.2020 issued by respondent no. 3.
Sri R.P.S. Chauhan learned counsel for the petitioner vehemently submits that the final demand notice cannot be issued without disposal of the written objections filed by the petitioner on 28.8.2020.
Only prayer made during the course of argument is to issue a direction to respondent no. 3 to decide the pending objections.
In view of the same, the writ petition is disposed of with the direction to the respondent no. 3 namely the Executive Engineer, Electricity Distribution Division-II, District Moradabad to decide the objections filed by the petitioner in accordance with the provisions of the U.P. Electricity Supply Code, 2005 which admittedly is pending before him.
It is made clear that the final demand notice or any coercive proceeding shall not be initiated against the petitioner without disposal of his statutory objections.
The respondent no. 3 shall decide the pending objections as expeditiously as possible.
Order Date :- 7.5.2021 Brijesh