Court No. - 29
Case :- WRIT - C No. - 28689 of 2019 Petitioner :- Sajeed Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sunil Kumar Srivastava Counsel for Respondent :- C.S.C.,Awadhesh Kumar Saxena
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Sunil Kumar Srivastava, learned counsel for the petitioner and Sri Chandan Agarwal, learned counsel for the respondents.
The recovery of electricity dues of Rs.1,59,358/- dated 02.07.2019 is under challenged.
The aforesaid recovery is on account of unauthorized use of electricity which was deducted in respect whereof provisional assessment was done and allegedly sent to the petitioner but according to the respondent no.5 the provisional assessment was sent to the petitioner by ordinary post and as such it cannot be a conclusive proof of service thereof.
In view of above, it is clear that the petitioner was not given proper opportunity to file objections against the provisional assessment and opportunity of hearing before making the final assessment.
In view of the aforesaid facts and circumstances, the recovery on the basis of the said provisional assessment cannot be sustained in law and accordingly, it is quashed with the direction to the petitioner to file objections, if any, against the provisional assessment, a copy of which has been supplied to the counsel for the petitioner during the course of hearing, within a period of two weeks from today.
In the event, any such objections are so filed, the Executive Engineer shall consider and pass appropriate order in accordance with law most expeditiously, if possible, within a period of six weeks and to proceed to recover the said amount accordingly.
The writ petition is allowed.
Order Date :- 26.9.2019 Sattyarth