Court No. - 32
Case :- WRIT - C No. - 39195 of 2018
Petitioner :- Vinai Kumar Shukla
Respondent :- State Of U.P. And 8 Others
Counsel for Petitioner :- Dharmendra Pal,Awadhesh Prasad
Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioner and Sri Mahboob Ahmad, learned counsel for the Power Corporation.
This writ petition has been filed, inter alia, for the following relief;
i. Issue a writ of certiorari to writ of certiorari for quashing the revovery proceeding initiated by the respondents who may further be directed and restrained not to recover/realize any amount of money as arrears of land revenue, if any, in view of the citation/recovery notice dated 30.07.2018 for recovery/realization of Rs. 4,26,949.00 Annexure No.1 which is not based on any of the demand notice under the provisions of the U.P.Government Electrical Undertaking, Dues Recovery Act, 1958.
ii. the notice/order dated 08.08.2017 passed by the respondent no.2 through letter No. 2609 Vidyut Vitran Khand Pratham Ghazipur/Rajaswa/Raids by which the respondent no.2 has directed to realize the amount of Rs. 4,50,000.
ii. to issue a writ, order or direction in the nature of writ of mandamus to restrain the respondents not to disconnect the electricity connection no. 5013/1570 ID NO 270472500, the 10 H.P. power supply of the petitioner against whom no any coercive measures be initiated by them during the pendency of the present case or the proceeding.
Learned counsel for the petitioner has submitted that without giving any opportunity of being heard, the recovery citation has been issued against the petitioner by issuing a final assessment order.
Sri Mahboob Ahmad, learned for the Electricity Department has served the copy of the provisional assessment order along with other relevant documents upon the counsel for the petitioner and has very fairly stated that he has no objection in case, the petitioner is granted a fresh opportunity of filing his objection to the assessment and further assured that the citation issued by the electricity department will not be pressed by the department.
Considering the facts and circumstances of the case and the submission made by the learned counsel for the parties, the petitioner is directed to appear on 18.12.2018 at 11 A.M. before the Respondent No. 5, Executive Engineer and make a fresh representation/objection before the Respondent No. 5, Executive Engineer ventilating his grievances along with the certified copy of this order enclosing therewith a copy of the writ petition along with its Annexures and, if any such representation/objection is made, the said authority shall make all endeavour to consider and decide the same by a speaking order after considering the representation/objections of the petitioner in accordance with law expeditiously preferably within 15 days from the date of receipt of the said representation/objection after affording personal hearing to the petitioner.
It is open for the petitioner to adduce any cogent evidence, if any, in support of his contention and take all legal pleas as permissible in law.
For a period of 30 days from today or till the order is passed by the Executive Engineer, whichever is earlier, impugned recovery/demand notice dated 30.07.2018 shall remain stayed.
In case, the petitioner is aggrieved by the final assessment order passed by the Electricity Department, he has got an appropriate remedy to file an appeal under Section 127 of The Electricity Act, 2003.
It is made clear that if the petitioner does not appear on the date and time fixed by this Court, he will not be entitled to seek any benefit from the order passed by this Court today.
Accordingly the writ petition is disposed of. Order Date :- 30.11.2018 S.Ali