Vikas Yadav Vs State of U.P. and Another

Court No. - 29

Case :- WRIT - C No. - 34804 of 2019

Petitioner :- Vikas Yadav Respondent :- State of U.P. and Another Counsel for Petitioner :- Anurag Dubey Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi

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

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The recovery dated 23.09.2019 of electricity dues is under challenge.

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The submission of learned counsel for the petitioner is that without following the procedure under Section 126 of the Electricity Act, 2003 the aforesaid recovery has been issued.

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Sri Baleshwar Chaturvedi, learned counsel on the other hand contends that the petitioner was found using electricity unauthorisedly. He was accordingly, assessed for the unauthorised use of electricity provisionally vide order dated 14.05.2019.

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The petitioner had not raised any objection against the said provisional assessment and therefore, the impugned demand has been raised against him.

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Counsel for the petitioner submits that in fact the petitioner had filed objections but the same were not decided.

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There is no material on record to show that the petitioner filed objections or the same were sent to the Executive Engineer by registered post.

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In view of the aforesaid facts and circumstances, as there is no specific order determining the final liability of the petitioner pursuant to the provisional assessment, we dispose of the writ petition with liberty to the petitioner to file fresh objections if he so wants against the provisional order within a period of two weeks from today.

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In case any objections are so filed the same shall be considered and decided by a speaking order by the Executive Engineer most expeditiously preferably within a

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month.

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The recovery if any shall be abide by the aforesaid decision.

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The Writ Petition is disposed of .

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Order Date :- 5.11.2019 piyush

Vikas Yadav v. State of U.P. and Another

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Vikas Yadav v. State of U.P. and Another

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