Court No. - 3
Case :- WRIT - C No. - 16565 of 2021 Petitioner :- Shahzaib Khan Respondent :- The Managing Director Paschimanchal Vidyut Vitran Khand And 4 Others Counsel for Petitioner :- Rakesh Kumar Mishra Counsel for Respondent :- C.S.C.,Rajesh Yadav Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
Heard Shri Rakesh Kumar Mishra, learned counsel for the petitioner, Shri Rajesh Yadav, learned counsel for the respondent nos. 1 to 3 and learned Standing Counsel for the State.
Challenge has been raised to the impugned assessment notice dated 4.9.2020 issued by the respondent no. 2.
Grievance of the petitioner is that an ex parte provisional assessment order has been made against the petitioner, arbitrarily which has recently been communicated.
The petitioner has submitted a written objection thereto dated 22.06.2021 (annexed vide Annexure No. 4 to the writ petition). The same is still pending for consideration. The petitioner seeks decision on the said representation before recovery may be pressed.
In such circumstances, no useful purpose would be served in keeping the petition pending or calling for a counter affidavit as the final assessment order is yet to be made.
Accordingly, the writ petition is disposed of with a direction, in case, the petitioner deposits a sum of Rs. 25,000/- before the respondent no. 2 within a period of two weeks' from today, not later than 16.08.2021, the respondent no. 2 shall proceed and decide the petitioner's objection dated 22.06.2021 strictly in accordance with law within a period of one month thereafter after giving due opportunity of hearing to the petitioner.
For a period of two months' from today or till the disposal of the objections filed by the petitioner, whichever is earlier, no coercive measure shall be taken against the petitioner with regard to the impugned assessment notice dated 4.9.2020 subject to his complying with the terms of this order.
Order Date :- 27.7.2021 Saurabh