Court No. - 35
Case :- WRIT - C No. - 19346 of 2019 Petitioner :- Ramesh Chandra Lodhi Respondent :- U.P Power Corporation And Another Counsel for Petitioner :- Arjit Srivastava,Usha Srivastava,Vinod Kumar Srivastava Counsel for Respondent :- Baleshwar Chaturvedi
Hon'ble Bharati Sapru,J. Hon'ble Vivek Varma,J.
Heard Shri Arjit Srivastava, learned counsel for petitioner and Dr. S.K. Yadav, learned counsel for the Power Corporation.
Out of the total liability of electricity dues of Rs. 4,62,948/- as per the recovery certificate dated 16.02.2019 (annexure-7 to the petition), learned counsel for the petitioner admits his liability to the extent of Rs.1,56,971/- and undertakes to pay the same. Insofar as the balance amount is concerned, he disputes the same.
Learned counsel for the Power Corporation has disputed the contention of the petitioner.
In view of the above, the respondent-authority may pass a fresh assessment order against the petitioner. The petitioner may file objection along with the receipt of payment within one week. The respondent-authority may decide the objection within one week thereafter.
For a period of 15 days no coercive measures shall be taken against the petitioner.
Failure to comply with the aforesaid condition, will leave it open to the respondent-authority to proceed in accordance with law.
It is made clear that the objection of the petitioner will be entertained only after showing the receipt of payment towards electricity dues.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 31.5.2019/pks