Court No. - 29
Case :- WRIT - C No. - 38370 of 2018 Petitioner :- Shahnawaz Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajeet Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and Sri Shrawan Kumar Tripathi, learned counsel for the Purvanchal Vidyut Vitaran Nigam Ltd.
The petitioner has preferred this petition against the recovery citation dated 25.09.2018 for a sum of Rs. 92, 115/- plus other charges.
The aforesaid dues sought to be recovered, are in relation to the use of electricity. The petitioner submits that he has no electricity connection and as such the impugned recovery is wholly illegal and unwarranted.
Learned counsel appearing for the Electricity Department submits that the petitioner may have been found using electricity unauthorizedly, in respect whereof some assessment must have been made. The impugned recovery is most likely in pursuant to the said assessment.
In view of the above, the petition involves disputed questions of fact, accordingly we disposed off the petition with a direction to the petitioner to approach Executive Engineer of the Purvanchal Vidyut Vitaran Nigam Ltd. and in case, he so approaches, the Executive Engineer will apprise the petitioner of the assessment order or the basis on which the impugned recovery has been issued against the petitioner, most expeditiously, if possible, within a period of two weeks of the petitioner approaching him.
The writ petition is disposed off accordingly.
Order Date :- 28.11.2018 A. Tripathi