Petitioner faced electricity theft allegations leading to a demand notice. Court dismissed the writ petition, observing that appeals and condonation of delay applications should be filed separately with the concerned authority.
Petitioner directed to file appeal and condonation application with authority.
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Court No. - 38
Case :- WRIT - C No. - 29473 of 2018
Petitioner :- Vimal Kumar Gupta Respondent :- Dakshinanchal Vidyut Vitran Nigam Ltd. And Another Counsel for Petitioner :- Neeraj Srivastava,Pankaj Srivastava Counsel for Respondent :- Baleshwar Chaturvedi
Hon'ble Abhinava Upadhya,J. Hon'ble Rajiv Gupta,J.
Heard Sri Pankaj Srivastava, learned counsel for the petitioner and Sri Baleshwar Chaturvedi, learned counsel appearing for the respondents.
Against the allegation of electricity theft a provisional assessment was made and thereafter final assessment was made. Now a demand notice for a sum of Rs. 27,24,385/- has been issued on 20.7.2018.
It is to be noted that against the final assessment the petitioner has remedy of filing an appeal.
Learned counsel for the petitioner submits that there is some delay in filing the appeal. In case, such an appeal has become time barred, the petitioner has also an option of filing an application for condonation of delay.
The writ petition is disposed of with the observation that in case, such an appeal is filed along with the delay condonation application, the same shall be considered and decided by the authority concerned in accordance with law.
Order Date :- 30.8.2018 SKM
(Rajiv Gupta,J.) (Abhinava Upadhya,J.)
Vimal Kumar Gupta
Dakshinanchal Vidyut Vitran Nigam Ltd.
Another
Abhinava Upadhya
Rajiv Gupta
As recorded by the court registry
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