Disposed

Shyam Raj @ Shyam Rai v. State of U.P. and 2 Others

Allahabad HC22 Oct 2019WRIC/33862/2019

Case brief

AI extract

What is this about?

In a writ petition challenging a recovery citation for unauthorized electricity use, the High Court allowed the petitioner an opportunity to file objections against the provisional assessment after noting its improper issuance without serving the checking report. The matter was disposed with directions to supply documents. quality

What did the court decide?

Petitioner allowed opportunity to file objections against provisional assessment within two weeks after receiving checking report.

Shyam Raj @ Shyam Rai Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 29 Case :- WRIT - C No. - 33862 of 2019 Petitioner :- Shyam Raj @ Shyam Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Chaudhary Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari

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

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The recovery citation dated 01.07.2019 for a sum of Rs. 3,67,606/- is under challenge.

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Sri Manoj Kumar Chaudhary, learned counsel for the petitioner submits that without supplying the checking report and the provisional assessment, straightaway the impugned recovery has been issued.

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Sri Narendra Kumar Tiwari, learned counsel for respondent no. 3 is having instructions in the matter and he submits that in the checking held on 16.10.2018, the petitioner was found using electricity unauthorizedly. Accordingly, he was provisionally assessed for unauthorized use of electricity on 26.11.2018. Since, the petitioner has not filed any objections against the same, treating it to be final the impugned recovery has been issued.

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In absence of any material to show that the provisional assessment was actually sent and served upon the petitioner along with checking report to enable him to file objections, we consider it proper to allow the petitioner an opportunity to object the provisional assessment.

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Accordingly, we dispose off the petition with the direction to the petitioner to file objections against the provisional assessment, a copy of which along with checking report has been supplied to the counsel for the petitioner during the course of 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, if possible, within a period of six weeks from the date of objections. The recovery of the amount due shall abide by the order so passed by the Executive Engineer.

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The writ petition stands disposed off.

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Order Date :- 22.10.2019 Vikram/-

Shyam Raj @ Shyam Rai v. State of U.P. and 2 Others

Case brief

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Shyam Raj @ Shyam Rai v. State of U.P. and 2 Others

Case brief

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