Court No. - 3
Case :- WRIT - C No. - 11833 of 2021 Petitioner :- R.S.English School And Another Respondent :- U.P.Power Corporation Limited And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- C.S.C.,Adarsh Bhushan,Udit Chandra Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
Heard Shri Dhirendra Kumar Srivastava, learned counsel for the petitioners, learned Standing Counsel for the State and Shri Udit Chandra, learned counsel for the respondent- Corporation.
Challenge has been raised to the demand notice dated 23.02.2021 issued by the respondent no. 2 for recovery of Rs. 2,00,025/- towards electricity dues.
Submission of learned counsel for the petitioner is that the petitioner had filed objection to the provisional assessment order dated 30.10.2020, on 06.11.2020. Upon that, certain proceedings were conducted, wherein, respondents initially expressed difficulty in dealing with the objections and sought clarification. However, by a completely non speaking order, final assessment has been finalized and a demand of Rs. 2,00,025/- has been made.
On the other hand, learned counsel for the respondent- Corporation submits that adequate relief has already been granted to the petitioner and for any further grievance, he may file an appeal before the competent authority.
Considering the submissions advanced by learned counsel for the parties, it appears that the petitioner was not confronted with the adverse material on which the corporation had relied before passing the order dated 02.01.2021, which is not reasoned to any extent.
Accordingly, the writ petition is disposed of with the following terms:-
(i) subject to the petitioner depositing a sum of Rs. 62,000/- within a period of two weeks' from today, the respondent no.2 shall make available to the petitioner all adverse material that is being relied in support of the order dated 02.01.2021;
(ii) upon being thus confronted with the adverse material, the petitioner shall have a right to file a detailed fresh representation to the action proposed by the respondent no. 2 within a further period of two weeks' therefrom annexing therewith all material as the petitioner may seek to rely on;
(iii) upon receipt of such objection, the said respondent no.2 shall fix a date for hearing in the matter within a further period of two weeks' therefrom and pass appropriate and reasoned order, strictly in accordance with law, after hearing the parties within a period of two weeks' therefrom.
For a period of two months' from today or till disposal of the objection, whichever is earlier, no coercive measure shall be adopted against the petitioner.
Order Date :- 24.8.2021 Saurabh