Disposed

Mohammad Jalees v. State of U.P. and 2 Others

Allahabad HC18 May 2018WRIC/17784/2018

Case brief

AI extract

What is this about?

The court refused to quash a recovery certificate and citation in a theft of electricity matter because the petitioner failed to approach the appropriate authority to object to a provisional assessment. The petitioner was directed to approach the concerned Executive Engineer to reconsider the assessment.

What did the court decide?

Directed the petitioner to file the certified order with the Executive Engineer, Electricity Distribution Division IInd, to reconsider the assessment within 15 days.

Mohammad Jalees Vs State of U.P. and 2 Others — Allahabad HC (2018) — LawSathi Research

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Court No. - 40

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Case :- WRIT - C No. - 17784 of 2018

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Petitioner :- Mohammad Jalees Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bal Krishna Pandey Counsel for Respondent :- C.S.C.,Chandan Agarwal

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Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.

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Heard learned counsel for the petitioner.

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The petitioner is alleged to have committed theft of electricity through an L.T line which he was allegedly utilizing for his E-Rickshaw Workshop for charging the E- Rickshaws. This L.T. line is said to have been connected from the the electricity connection provided to his father.

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A provisional assessment was admittedly dispatched to the petitioner by post which is dated 12th July, 2016 and a copy whereof has been filed along with the writ petition as Annexure No. 5.

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It is the contention of the petitioner that he raised an objection to the said provisional assessment on 16th July, 2017 copy whereof is Annexure No. 6 to the writ petition.

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On a perusal of the same, we find that the same is addressed to the Executive Engineer Electricity Distribution Division IIIrd who is not the appropriate authority inasmuch as the provisional assessment has been made by the Executive Engineer of the IInd Division.

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Unfortunately, in this writ petition, it is the Executive Engineer Electricity Distribution Division-I who has been made a respondent. Thus, the petitioner does not appear to have approached the concerned Executive Engineer for the redressal of his grievances against the provisional assessment.

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The recovery certificate has been dispatched to the Collector whereafter a citation has been issued on 09th May, 2018 calling upon the petitioner to make the deposits as stated therein.

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It is this recovery certificate and citation which has been challenged in this writ petition. In the background of what has been noted above, the provisional assessment appears to have been treated to be final without there

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being any objection filed by the petitioner. There is no evidence of the objection having been filed before the appropriate authority as indicated hereinabove. It will therefore not be appropriate to quash the recovery on such defective pleadings on the part of the petitioner.

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It will however be open to the petitioner to approach the concerned Executive Engineer of Electricity Distribution Division IInd who may now entertain his objection and reconsider the assessment already made by him in accordance with law within a period of 15 days from today.

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The petitioner shall file a certified of this order before the Executive Engineer EDD-IInd (Pashchimanchal Vidyut Vitran Nigam Ltd., Buland Shahar) who shall proceed accordingly to pass an order.

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Disposed of with the said directions.

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Order Date :- 18.5.2018 M. ARIF

Mohammad Jalees v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Mohammad Jalees v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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