Court No. - 39
Case :- WRIT - C No. - 35823 of 2018 Petitioner :- Ram Babu Dwivedi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Akbal Upadhyay Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble B. Amit Sthalekar,J. Hon'ble Rajiv Joshi,J.
Heard Sri Ram Akbal Upadhyay, learned counsel for the petitioner, Sri Baleshwar Chaturvedi, learned counsel for the respondent no.2 and the learned Standing Counsel for the respondent no.1, 3 and 4.
The petitioner in the writ petition is seeking quashing of the recovery notice dated 27.12.2017 whereby recovery of electricity dues is sought to be made from the petitioner on the ground that the petitioner is responsible for theft of electricity.
According to the petitioner he had preferred objections against the provisional assessment but no order has been passed till date.
No useful purpose would be served by keeping this writ petition pending.
The writ petition is, therefore, disposed of with the consent of the learned counsel for the parties with the direction that if the petitioner prefers a fresh representation before the respondent no.2, Executive Engineer, Dakshinanchal Vidyut Vitran Nigam Ltd. Kanpur in respect of the impugned notice and the provisional assessment within a period of one week from today alongwith the certified copy of this order, the respondent no.2 shall consider and decide the same in accordance with law within a further period of one month.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits.
Order Date :- 29.10.2018 N Tiwari