Court No. - 39
Case :- WRIT - C No. - 17636 of 2020 Petitioner :- Zaheer Mehdi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harsh Vardhan Gupta Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1, 2 & 3 and Sri Pawan Kumar Mishra holding brief of Sri Pranjal Mehrotra, learned counsel for respondent no. 4.
Instant writ petition has been filed with the following reliefs :
"I. Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery citation dated 31.12.2019 issued against the petitioner to recover the alleged electricity dues as arrears of land revenue.
II. Issue a writ order or direction in the nature of certiorari quashing the impugned Provisional Assessment order dated 21.5.2019 passed against the petitioner.
III. .........
IV ".
On the basis of checking at the premises of the petitioner, a report was submitted and provisional assessment order was issued to the petitioner on 21.5.2019. The petitioner filed an objection within the stipulated period i.e. on 4.6.2019.
Contention of the learned counsel for the petitioner is that without deciding the petitioner's objection, provisional assessment has been treated as final assessment and consequently, impugned recovery citation dated 31.12.2019 has been issued for recovery of dues in an arbitrary manner.
Learned counsel for the Power Corporation fairly submits that the representation filed by the petitioner is pending for consideration, hence, reasonable time may be granted to the Corporation for taking appropriate decision.
Considering the facts and circumstances of the case, the writ petition is disposed of with the direction to the respondent no. 4 - Executive Engineer, Electricity Supply Division-II, Paschimanchal Vidyut Vitran Nigam Ltd., Amroha, District - Amroha to pass apporpirate order on the representation moved by the petitioner (annexure-5 to the writ petition) within a period of six weeks from the date of production of a copy of this order before him. In the meantime, no coercive steps shall be taken against the petitioner in pursuance of the recovery citation dated 31.12.2019 issued by the respondent no. 3.
Order Date :- 6.1.2021 nd