Court No. - 39
Case :- WRIT - C No. - 23080 of 2020 Petitioner :- Santosh Kumar Barnwal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjeev Kumar Tiwari Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, learned counsel for respondent no.4 and learned Standing Counsel for the State-respondent nos.1 to 3.
The instant petition has been filed seeking following reliefs :
“(i) Issue a writ, order or direction in the nature of certiorari calling for the records and quashed the Recovery Citation dated 19.08.2020 not available on record Recovery Citation No.3508, Sr. No.6 in Recovery list and amount Rs.253980 issued by respondent no.2 (Annexure no.5).
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to realize such a amount shown in Recovery Citation and further not to take any coercive action against the petitioner.”
It is a case of theft of electricity where after conducting raid in the premises of petitioner on 06.01.2020, he was found using electricity by illegal means and ultimately, an FIR was registered against him. Thereafter, a provisional assessment was made on 20.01.2020, to which no objection was made by the petitioner. Thereafter, final assessment was made on 23.03.2020.
Submission of learned counsel for the petitioner is that petitioner has moved a representation on 13.10.2020 with respect to the FIR, which was lodged against him. Petitioner is not liable to pay any amount as mentioned in the recovery citation which was issued on 19.08.2020.
Learned counsel appearing for the Power Corporation-respondent no.4 has supplied the copies of provisional assessment as well as final assessment to learned counsel for the petitioner today in the Court and submitted that the petitioner has an alternative remedy to file an appeal against the final assessment under Section 127 of the Electricity Act, 2003, hence, he does not deserve any indulgence by this Court.
In view of aforesaid facts and circumstances, and as there is an alternative remedy available to the petitioner, we are no inclined to interfere under Article 226 of the Constitution of India.
Accordingly, writ petition is dismissed.
Order Date :- 8.1.2021 Manish Himwan