Court disposal of writ petition challenging recovery of electricity charges. Petitioner alleged procedural violation of Section 126 of the Electricity Act, 2003. Disposal granted liberty to file objections against provisional assessment.
Writ petition disposed off with liberty to file objections against provisional assessment within two weeks.
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Court No. - 29
Case :- WRIT - C No. - 34810 of 2019
Petitioner :- Vahid Khan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pratik Chandra,Anshul Tiwari Counsel for Respondent :- C.S.C.,Krishna Agarawal
Hon'ble Pankaj Mithal,J. Hon'ble Vivek Agarwal,J.
The petitioner has come up on this writ petition against recovery citation dated 6.7.2019 whereby the electricity charges for the unathorised use of electricity are recovered from him.
The submission is that without following the procedure prescribed under Section 126 of the Electricity Act, 2003, the aforesaid demand has been raised against the petitioner.
Ms. Usha Kiran, counsel appearing for the contesting respondent, who was given time to seek instructions informs that a copy of the provisional assessment was sent to the petitioner, but as no objections were raised against it, the aforesaid demand has been sent to the petitioner.
Counsel for the petitioner denies the receiving of provisional assessment or filing of any objections.
In view of the aforesaid facts and circumstances, we dispose off the writ petition with the liberty to the petitioner to file objections against provisional assessment, a copy of which has been supplied to the petitioner, within a period of two weeks from today. In case objections are so filed, the Executive Engineer shall consider and decide the same in accordance with law most expeditiously, if possible, within one month thereafter. The recovery shall abide by the order of the Executive Engineer.
The writ petition is disposed off.
Order Date :- 6.11.2019 S.K.S.
1 issue framed by the court
Whether recovery of electricity charges for unauthorized use was valid without following prescribed procedure under Section 126 of the Electricity Act, 2003.
1 provisions across 1 enactments
Vahid Khan
State Of U.P.
Pankaj Mithal
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
