Disposed

Sheo Kumar Kasna v. Paschimanchal Vidyut Vitran Nigam Limited and Another

Allahabad HC24 Jul 2018WRIC/24380/2018

Case brief

AI extract

What is this about?

The High Court directed the petitioner to appear on a fixed date with objections to a provisional electricity assessment. The authority was ordered to pass a final assessment after hearing the objections, with coercive action stayed until the final order.

What did the court decide?

Directed petitioner to appear for final assessment; fixed date of hearing; coercive action stayed.

Sheo Kumar Kasna Vs Paschimanchal Vidyut Vitran… — Writ and Judicial Review | Allahabad HC (2018)

¶1

Court No. - 32

¶2

Case :- WRIT - C No. - 24380 of 2018

¶3

Petitioner :- Sheo Kumar Kasna Respondent :- Paschimanchal Vidyut Vitran Nigam Limited And Another Counsel for Petitioner :- Kiran Kumar Arora Counsel for Respondent :- Chandan Agarwal

¶4

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

¶5

This writ petition has been filed, interalia, for the following relief:-

¶6

(i) Issue a writ, order or direction in the nature of mandamus directing the respondent to decide the petitioner's representation dated 02.07.2018 (Annexure No. 4) and in the meanwhile not to proceed with recovery of any amount based on the bill dated 06.06.2018 (Annexure No. 3).

¶7

Heard learned counsel for the petitioner, Sri Chandan Agarwal, learned counsel appearing on behalf of the Electricity Department and perused the rec

¶8

Perusal of the record shows that during the inspection of the premises in question, the petitioner was found committing theft of

¶9

electricity. Thereafter, the provisional assessment order against the petitioner was made by the Electricity Department and the petitioner was directed to file his objection, if any, to the provisional assessment order within 15 days but no specific date was fixed by the Electricity Department to enable the petitioner to appear in person before the authority concerned. The record further shows that the petitioner has filed his objection dated 02.07.2018 to the provisional assessment made by the Electricity Department but the final assessment order has not yet been passed by the respondent no. 2.

¶10

Sri Chandan Agarwal, learned counsel for the Electricity Department has stated that in case the petitioner appears personally on a particular date before the authority concerned along with his objection to the provisional assessment, the authority concerned shall pass the final assessment order after considering the objection to the provisional assessment filed by him.

¶11

In view of the above, the petitioner is directed to appear before the concerned authority on 13th

¶12

August, 2018 at 11 AM along with his objection to the provisional assessment. In case, such objection is filed by the petitioner before the concerned authority, the said authority shall pass the final assessment order after considering the objection to the provisional assessment. It is open to the petitioner to adduce evidence in support of his contentions. It is made clear that if the petitioner does not appear on the aforesaid date i.e. 13th August, 2018, it will be open for the respondent no. 2 to proceed in the matter in accordance with law.

¶13

No coercive action shall be taken against the petitioner, till the passing of the final assessment order by the respondent no. 2. With the aforesaid observation, this writ petitioner is finally disposed of.

¶14

Order Date :- 24.7.2018 Arun

Sheo Kumar Kasna v. Paschimanchal Vidyut Vitran Nigam Limited and Another

Case brief

What is this about?

What did the court decide?

Sheo Kumar Kasna v. Paschimanchal Vidyut Vitran Nigam Limited and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vivek Kumar Vs State of U.P. and 3 Others

Ghanendra Pal @ Dhanendra Pal Vs State of U.P. and 2 Others

Dharma Devi Vs State of U.P. and 3 Others

Sohan Singh Yadav and 3 Others Vs State of U.P. and 5 Others

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

Shambhu Singh Vs State of U.P. and 4 Others