Court No. - 29
Case :- WRIT - C No. - 38427 of 2018 Petitioner :- Shanker Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Singh Yadav Counsel for Respondent :- C.S.C.,Suman Kumar Yadav
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and Dr. S.K. Yadav, learned counsel appearing for Kanpur Electricity Supply Company, respondents no. 2 and 3.
The petitioner disputed the correctness of the electricity bill. A provisional assessment was made and after hearing the petitioner on his objections, the assessment has been finalized vide order dated 15.5.2018 passed by the Executive Engineer.
The petitioner is not satisfied by the said finalization of the electricity bill and is therefore challenging the recovery proceeding initiated in pursuance thereof.
The petitioner can not succeed in challenging the recovery proceeding unless the final assessment is assailed by him successfully.
The final assessment and the order as passed by the Executive Engineer can be challenged by the petitioner in appeal under Section 127 of the Electricity Act, 2003.
In view of the alternative remedy so available to the petitioner, we do not feel inclined to exercise our discretionary jurisdiction and the petition is dismissed with liberty to the petitioner to prefer an appeal, if so advised.
Order Date :- 26.11.2018 SKS