Court No. - 29
Case :- WRIT - C No. - 26027 of 2019 Petitioner :- Ram Lal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Sinha Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Ajay Kumar Sinha, learned counsel for the petitioner and Sri Mahboob Ahmad, who has accepted notice on behalf of respondent No.2.
The petitioner is challenging the recovery citation dated 23.06.2019 whereby a sum of Rs.2,19,103/- are finally sought to be realised from him as electricity charges for the use of electricity.
The submission of learned counsel for the petitioner is that according to the electricity bill only a sum of Rs.40,745/- is said to be inarrears and therefore, the recovery of the aforesaid amount is illegal and unjustified.
Sri Mahboob Ahmad, learned counsel on the basis of instructions informs that the aforesaid recovery is not in respect of the regular bills rather it is in respect of unauthorised use of electricity for which the petitioner was assessed provisionally vide order dated 11.10.2018 and when objections were not received, the aforesaid provisional assessment was treated to be final and the impugned recovery has been sent.
In view of the aforesaid facts and circumstances, we find no error on part of the respondent in recovering the aforesaid amount. In case the petitioner wants to object to the provisional assessment, he may file objections before the Executive Engineer within a period of two weeks from today.
In case any objections are filed the same shall be considered and decided in accordance with law most expeditiously preferably within six weeks by the Executive Engineer and the recovery of the electricity dues for unauthorised electricity would abide by the same.
The Writ Petition is accordingly disposed off. Order Date :- 22.8.2019/piyush