Court No. - 29
Case :- WRIT - C No. - 42394 of 2018 Petitioner :- Vikram @ Vikram Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Tanisha Jahangir Monir Counsel for Respondent :- C.S.C.,Chandan Agarwal
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
Heard Ms. Tanisha Jahangir Monir, learned counsel for the petitioner, learned Standing Counsel for the State- respondent and Sri Chandan Agarwal, learned counsel appearing for respondents no. 2 and 3.
Twice checking was done at the premises of the petitioner regarding use of electricity and in respect of both the checkings as the petitioner has allegedly found using electricity unauthorisedly, provisional assessments were made on 26.5.2018 for a sum of Rs. 2,69,315/- and Rs. 35,258/- respectively. On the basis of the aforesaid provisional assessments, the demand notice dated 31.7.2018 has been issued.
The contention of the petitioner is that against the provisional assessments petitioner wanted to file objections but the objections were not entertained and probably treating the provisional assessments to be final in the absence of the objections the demand notice has been issued.
Sri Chandan Agarwal, learned counsel for the respondents no. 2 and 3, without entering into the controversy, as to whether the petitioner actually went to file the objections or not, submits that in case petitioner files the objections even today the same shall be considered and decided by the Executive Engineer before finalizing the assessment.
Accordingly, we dispose of the writ petition with the direction to the petitioner to submit objections against both the provisional assessments within a period of two weeks from today. The Executive Engineer, Electricity Urban Distribution Division-I, 33/ 1 KV Sector-25 NOIDA, District Gautam Budh Nagar (respondent no. 3) shall not deny refusing the same and on the receipt of the same shall proceed them in accordance with law so as to finalise the electricity dues payable by the petitioner. The assessments shall be finalised within a period of one month from the date of receipt of the objections and the the petitioner shall pay the amount as per the final assessment subject to appeal within a period of two weeks.
With the above observations, the writ petition is disposed of.
Order Date :- 20.12.2018 Puspendra