Court No. - 29
Case :- WRIT - C No. - 24867 of 2019 Petitioner :- Sri Mahesh Chandra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinay Kumar Pandey Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Vinay Kumar Pandey, learned counsel for the petitioner.
Sri Baleshwar Chaturvedi, who has accepted notice on behalf of respondent no. 2 and has produced the instructions receipt along-with relevant documents.
The petitioner is aggrieved by the recovery citation dated 1.7.2019 whereunder a sum of Rs.2,35,036/- is being recovered from him as electricity dues.
The argument of the learned counsel for the petitioner is that he has never defaulted in the payment of the electricity dues and that dues if any stand duly deposited and as such the recovery is wholly illegal and unwarranted.
On behalf of respondent no. 2 it has been stated that the recovery is not on account of non payment of electricity dues but rather for the use of electricity unauthorizedly. The documents produced reveals that the checking was done on 28.5.2018 and the petitioner was found using electricity in an unauthorized manner.
Accordingly, a provisional assessment dated 26.6.2018 for the use of electricity was done. The same was dispatched to the petitioner by registered post. As no objections were received, the Executive Engineer finalized the assessment vide order dated 23.7.2018. On default in making the payment, impugned recovery has been issued.
In view of the aforesaid facts and circumstances, as the petitioner himself had defaulted in raising objections against the provisional assessment, he is not entitled to any relief at this juncture.
It is open for him to challenge the final assessment in appeal under Section 127 of the Electricity Act, 2003.
In view of the aforesaid facts and circumstances, we find no merit in the petition, the same is dismissed.
Order Date :- 26.8.2019 Ishan