Court No. - 39
Case :- WRIT - C No. - 24774 of 2020 Petitioner :- Suman And 2 Others Respondent :- U.P. Power Corporation Limited And 4 Others Counsel for Petitioner :- Abhishek Gupta,Chandra Bhan Gupta Counsel for Respondent :- C.S.C.,Abhishek Srivastava
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the respondent nos.1,4 & 5 and Shri Ashutosh Srivastava, Advocate holding brief of Shri Abhishek Srivastava, learned counsel representing the respondent nos.2 & 3.
The instant petition has been filed with the following relief:
i) Issue a writ, order or direction in the nature of certiorari quashing the provisional assessment notice dated 28.8.2020 issued by the Executive Engineer, respondent no.3 (Annexure-3 to the writ petition);
ii) Issue writ, order or direction in the nature of mandamus directing the respondents not to recover the amount in pursuance of provisional assessment notice dated 28.8.2020 issued by the Executive Engineer, respondent no.3 (Annexure-3 to the writ petition);
iii) Issue such other appropriate writ, order or direction in the nature of writ, which this Hon'ble Court may deem fit and proper in the circumstances of the case to which the petitioners be entitled under law;
iv) Award costs to the petitioners.
The submission of the learned counsel for the petitioners is that An FIR was registered against the petitioner no.3 (minor son of the petitioner no.2) in respect of theft of electricity. It is further submitted that without giving any notice of opportunity of hearing to the petitioners the provisional assessment has been made in respect of premises of the petitioners, of which the petitioner no.2 is the tenant and the petitioner no.3 is his minor son. The petitioner no.1 who is the landlady of the premises has moved a representation on 8.10.2020 mentioning that the proceeding initiated for the recovery of the dues is per se illegal and liable to be quashed. The said representation has been appended as Annexure-5 to the writ petition.
It is submitted by the learned counsel for the Power Corporation that that checking of the premises had taken place on 23.7.2020 and thereafter the provisional assessment was made on 28.8.2020. As no reply/objection was submitted it was treated as final assessment, pursuant to which recovery citation has been issued. He has further submitted that in case the petitioners approach respondent No.3 by filing a fresh representation within a period of two weeks from today, the said respondent shall consider the grievance of the petitioners and shall pass an appropriate order in accordance with law.
Learned counsel for the Power Corporation has not submitted any cogent reply in respect of issuance of notice of provisional assessment to the petitioner no.3 who is the minor son of the petitioner no.2.
Taking into consideration the aforesaid facts and circumstances but without entering into the merits of the case, the writ petition is disposed of with the liberty to the petitioner to file a fresh representation before respondent No.3 within a period of two weeks ventilating all his grievances, which shall be considered and decided by respondent No.3 within four weeks thereafter in accordance with law.
For a period of six weeks or till the representation filed by the petitioners before the respondent no.3 is decided, whichever is earlier, no coercive action shall be taken against the petitioners pursuant to the impugned provisional assessment notice dated 28.8.2020 issued by the Executive Engineer, respondent no.3 (Annexure-3 to the writ petition).
It is made clear that if the petitioners fail to file the representation as indicated above, they shall not be entitled to get the benefit of this order.
Order Date :- 7.1.2021 M. Tariq