Court No. - 39
Case :- WRIT - C No. - 3220 of 2019 Petitioner :- Ratnakar Vishwakarma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rashmi Singh,Sushil Kumar Mishra Counsel for Respondent :- C.S.C.,Kapil Dev Singh Rathore
Hon'ble B. Amit Sthalekar,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sushil Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel for the respondents no. 1 and 2 and Sri Ajay Kumar Upadhyay, Advocate holding brief of Sri K.D.S. Rathore, learned counsel for the respondent no.3.
The petitioner in the writ petition is seeking quashing of the provisional notice dated 30.5.2018 as well as the final assessment order dated 13.7.2018 and the recovery citation dated 03.8.2018. A First Information Report has also been lodged against the petitioner alleging that during inspection by a team of the Electricity Department, the petitioner was found using a direct connection from the LT Pole through his domestic connection and using a Grinder, Cutter machine, drilling machine etc, which amounts to theft of electricity. A final assessment order has also been passed on 13.7.2018 against which the petitioner has remedy under Section 127 of the Electricity Supply Act, 2003 by way of appeal.
We dismiss this writ petition with liberty to the petitioner to exhaust his remedy of appeal under Section 127 of the Electricity Supply Act, 2003.
Order Date :- 29.1.2019 Kirti