Hon'ble Ritu Raj Awasthi,J.
Heard the counsel for the petitioner Sri Ashish Chaturvedi and Sri Kapil Misra for the respondent Corporation.
The petitioner's grievance is that despite he having filed objections against the provisional assessment, a demand notice has been issued though final assessment has not yet been made nor the objections have been disposed of.
Sri Kapil Misra learned counsel for the respondents says that objections filed by the petitioner shall be considered, if they have not yet been considered, and thereafter recovery shall be made.
Since no final assessment has been made and a notice has been issued under Section 3 of the Uttar Pradesh Electrical Undertaking (Dues Recovery) Act, 1958, we, with the consent of the parties' counsel, dispose of the writ petition finally with a direction that no recovery shall be made from the petitioner unless final assessment order is passed, after considering the objections of the petitioner, if the same has not yet been passed. If the petitioner feels aggrieved by the order passed, he would be at liberty to challenge the same in accordance with law.
Order Date :- 22.10.2010 MFA