Court No. - 29
Case :- WRIT - C No. - 41742 of 2018 Petitioner :- Sarfraz Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- C.S.C.,Chandan Agarwal
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Chandan Agrawal, learned counsel appearing for the Electricity Department.
The petitioner has preferred this petition challenging the recovery citation dated 15.11.2018 whereby a sum of Rs. 2,51,290/- plus other charges are being sought to be recovered towards electricity dues.
The argument of learned counsel for the petitioner is that without issuing any assessment or the notice of demand straightway the recovery citation has been served upon him.
Sri Chandan Agrawal, who was given time to obtain instructions in the matter, on the basis of the instructions received by him, submits that the electricity connection of the petitioner was checked by the Department on 11.5.2018. The petitioner was found using electricity in an unfair manner. Accordingly, the FIR was registered and provisional assessment was done on 22.5.2018 for the use of the electricity by the petitioner. The petitioner failed to file any objections against the said provisional assessment and, accordingly, the said provisional assessment was treated to be final. On the basis of the said assessment, a demand notice dated 10.7.2018 by registered post was sent to the petitioner and it is thereafter that the impugned citation has been issued.
In view of the aforesaid facts and circumstances, we do not find that the respondents have not followed the procedure prescribed in initiating recovery proceedings against the petitioner. In case petitioner is not satisfied by the assessment, he may prefer an appeal under section 127 of the Electricity Act, 2003.
In view of the above facts, we do not deem it necessary to exercise the discretionary jurisdiction.
The writ petition stands dismissed.
Order Date :- 20.12.2018 Puspendra