Partly allowed

Anurag Maisi v. State of U.P. and Another

Allahabad HC19 Oct 2019WRIC/32908/2019

Case brief

AI extract

What is this about?

A writ petition was filed against recovery of electricity dues without a specific order treating the provisional assessment as final. The High Court held that non-filing of objections does not make the assessment final without an explicit order and directed the petitioner to file objections within two weeks for consideration. Disposed.

What did the court decide?

Petitioner directed to file objections to provisional assessment; recovery to abide by Executive Engineer's decision.

Anurag Maisi Vs State of U.P. and Another — Consumer Protection | Allahabad HC (2019)

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Court No. - 29

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Case :- WRIT - C No. - 32908 of 2019

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Petitioner :- Anurag Maisi Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vinay Kumar Pandey,Baleshwar Chaturvedi Counsel for Respondent :- C.S.C.

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Hon'ble Pankaj Mithal,J. Hon'ble Vivek Agarwal,J.

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Heard Sri Vinay Kumar Pandey, learned counsel for the petitioner and Sri Baleshwar Chaturvedi, learned counsel for respondent no. 2.

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The petitioner has filed this petition challenging recovery of Rs. 1,13,905/- as electricity dues.

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The submission of learned counsel for the petitioner is that he was never provided with any checking report or copy of the provisional assessment so as to enable him to dispute the fact of using electricity unauthorizely or that the assessment is incorrect. Respondent no. 2 has proceeded to issue the demand notice without following the procedure prescribed under Section 126 of the U.P. Electricity Act, 2003.

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Sri Baleshwar Chaturvedi is having instructions in the matter and he has produced copy of the checking report dated 3.1.2019 and submits that on the basis of the same provisional assessment was made on 18.1.2019 with regard to unauthorized use of electricity. The petitioner failed to respond the same. As the provisional assessment has been sent to him by registered post and as such by treating the assessment to be final, the impugned demand has been raised against the petitioner.

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Be as it may be, there is no order which says that the provisional assessment is final as the petitioner was served with notice and was failed to file the objections.

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In the absence of such an order, the petitioner has been denied opportunity to challenge it by means of appeal under Section 127 of the Act.

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In view of the aforesaid facts and circumstances, we are of the opinion that merely because objections are not filed to the provisional assessment, it can not be treated to be final until and unless an order in that regard is passed.

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In view of the aforesaid facts and circumstances, we are of the opinion that the petitioner is entitled to hearing. Accordingly,

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we direct the petitioner to file objections, if he so desires, to the provisional assessment, a copy of which has been provided to the petitioner during the course of the hearing within a period of two weeks from today. In case any objections are so filed, the Executive Engineer shall consider and decide the same in accordance with law most expeditiously preferably within a period of one month from the date of filing the objections. The recovery against the petitioner shall abide by the decision of the Executive Engineer so taken.

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The petition is disposed of.

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Order Date :- 19.10.2019 SKS

Anurag Maisi v. State of U.P. and Another

Case brief

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Anurag Maisi v. State of U.P. and Another

Case brief

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