Court No. - 39
Case :- WRIT - C No. - 19907 of 2020 Petitioner :- Ram Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rohit Nandan Pandey Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, Shri Krishna Agarwal, learned counsel appearing on behalf of respondent No. 4 and learned Standing Counsel representing the State.
By means of this writ petition, the petitioner has prayed for quashing of the citation dated 07.10.2020 issued by the Tehsildar.
It is submitted by the learned counsel for the petitioner that without issuing any provisional assessment order, the impugned recovery citation dated 07.10.2020 has been issued by respondent No. 4.
Learned counsel appearing on behalf of Power Corporation submitted that it is a case of theft of electricity. On 11.12.2019, the premises of the petitioner was raided and thereafter FIR was lodged and provisional assessment order was passed on 17.12.2019. When no objection was filed within the stipulated period of 15 days, final assessment order was passed on 24.1.2020 pursuant thereto the recovery citation dated 07.10.2020 has been issued.
The petitioner has an alternative remedy to file an appeal under Section 27 of the Electricity Act, 2003.
At this stage, learned counsel for the petitioner submits that the petitioner has not been provided the copies of the provisional as well as final assessment orders. Learned counsel for the Power Corporation has provided copies of the provisional assessment as well as final assessment orders to the learned counsel for the petitioner today in Court.
In view of availability of alternative remedy, we are not inclined to interfere under Article 226 of the Constitution of India.
The writ petition is accordingly dismissed.
Order Date :- 8.1.2021 Ishrat