Disposed

Arun Kumar v. Union of India and 3 Others

Allahabad HC2 May 2019WRIC/15213/2019

Case brief

AI extract

What is this about?

Writ petition challenging Section 127(2) of the Electricity Act, 2003 as unconstitutional and seeking quashing of a recovery certificate. Court held the only remedy is an appeal under Section 127 despite the time bar, directing the appellate authority to decide on merits within two months.

What did the court decide?

Petitioner directed to file appeal within 15 days; appellate authority to decide on merits within two months without considering limitation.

Arun Kumar Vs Union of India and 3 Others — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 21

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Case :- WRIT - C No. - 15213 of 2019

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Petitioner :- Arun Kumar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Mahabir Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.,Mahboob Ahmad

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Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.

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Present writ petition has been filed with the following prayer:

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"(i) Issue a writ, order or direction in the nature of mandamus holding Section 127(2) of the Electricity Act, 2003 as ultra vires the provisions of Article 13 of the Constitution of India.

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ii) Issue a writ, order or direction in the nature of certiorari quashing the Recovery Certificate dated 08.04.19 of Rs.12,35,535/- (Annexure 7)."

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Petitioner's premises was searched by the Checking Squad of Electricity Department and on 22.5.2018 the team found electricity theft.

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A provisional assessment was made. Petitioner deposited compounding fee. The provisional assessment was made to the tune of Rs.12,35,535/-. According to the petitioner he was surprised to receive recovery citation of Rs.12,35,535/- on 9.4.2019.

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According to the petitioner, if he challenges the assessment order in appeal under Section 127 of the Electricity Act, 2003, then he has to deposit the mandatory 50% of the assessment amount before his appeal is heard.

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Learned counsel appearing for the Electricity Department submits that the petitioner has an alternative remedy of filing an appeal under Section 127 of the Electricity Act, 2003. He invited attention of the Court to page 29 of the paper book, which is a letter issued by respondent no.3 on 18.8.2018 to the petitioner, in which it has been categorically stated that final assessment has been made.

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Learned counsel for the petitioner states that he is not pressing the first prayer in the writ petition and his sole prayer is, that he may be permitted to file an appeal before the appellate authority and as his appeal is now barred by time, the appellate authority may be directed not to consider the question of limitation and decide his appeal on merit.

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Having heard learned counsel for the parties and after perusing the record, we find that as the final assessment has already been made by the Electricity Department, the only remedy left to the petitioner is to file an appeal under Section 127 of the Electricity Act, 2003 before the appellate authority.

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In view of the above, if the petitioner files an appeal within 15 days from today before the appellate authority, the authority concerned shall decide the same expeditiously, preferable within a period of two month thereafter without going into the question of limitation.

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The writ petition stands disposed of.

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Order Date :- 2.5.2019 AKJ

Arun Kumar v. Union of India and 3 Others

Case brief

What is this about?

What did the court decide?

Arun Kumar v. Union of India and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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