Disposed

Saleem Ahmad v. State of U.P. and 3 Others

Allahabad HC24 Jul 2018WRIC/23876/2018

Case brief

AI extract

What is this about?

Writ petition filed challenging non-acceptance of objection to provisional assessment for electricity theft and seeking mandatory execution for electricity connection. Court dismissed writ, directing petitioner to file objection within 15 days to the Executive Engineer against the provisional assessment.

What did the court decide?

Directed petitioner to file objection with copy of order within 15 days before Executive Engineer to challenge provisional assessment.

Saleem Ahmad Vs State of U.P. and 3 Others — Property and Title | Allahabad HC (2018)

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Court No. - 32

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Case :- WRIT - C No. - 23876 of 2018

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Petitioner :- Saleem Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vipin Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Shashi Kant Gupta,J. Hon'ble Rajiv Gupta,J.

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This writ petition has been filed, inter alia, for the following relief;

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"I. Issue a writ or order or direction in the nature of a writ of mandamus commanding and directing the respondent No. 4 to consider and decide the representation of the petitioner dated 27.6.2018 (Annexure No. 7 to the writ petition) within stipulated period of time as may be fix by this Hon'ble Court.

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II. Issue a writ or order or direction in the nature of a writ of mandamus commanding and directing authorities concern to enquire into the matter and provide electric connection in the house of the petitioner, in the interest of justice."

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Heard Sri Vipin Kumar, learned counsel for the petitioner, Sri Shrawan Kumar Tripathi, learned counsel for the Respondents No. 3 and 4, learned Standing Counsel and perused the record.

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A perusal of the record shows that an undated notice was issued by the Executive Engineer, Saharanpur to the petitioner wherein it was mentioned that an inspection of the premises was conducted on 26.5.2018 and proceedings were drawn against the petitioner under Section 135 of the Electricity Act for allegedly committing theft of electricity. Thereafter, provisional assessment was made at Rs. 124899.00. By this notice, the petitioner was directed to appear and show cause by filing his objection, if any, on 28.6.2018 till 12.00 Noon. It appears that the petitioner after receiving the said notice (Annexure 5 to the writ petition) neither appeared before the Executive Engineer/concerned authority nor filed his objection on the said date, and now the petitioner instead of filing his objection against the order of provisional assessment, has filed this writ petition seeking the reliefs mentioned hereinabove.

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The present writ petition is totally misconceived as the

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petitioner has already got a remedy to file his objection before the Respondent No. 4, Executive Engineer/concerned authority.

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Considering the facts and circumstances of the case, the petitioner is directed to file his objection along with a copy of this order ventilating all his grievances within 15 days from today before the Respondent No. 4, Executive Engineer against the provisional assessment order. In case, the objections are filed by the petitioner within 15 days from today, final order shall be passed thereafter by the Respondent No. 4, Executive Engineer/concerned authority after considering the objections of the petitioner within 15 days.

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Needless to mention here that in case if any final order is passed on the objection of the petitioner, it is always open to the petitioner to file an appeal under Section 127 of the Electricity Act in accordance with law before the concerned authority.

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With this observation, the writ petition stands disposed of.

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Order Date :- 24.7.2018

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vinay

Saleem Ahmad v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Saleem Ahmad v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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