Writ petition challenging recovery of electricity dues without prior notice or hearing was disposed off with liberty to file objections within two weeks.
Liberty granted to petitioner to file objections against provisional assessment within two weeks.
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Court No. - 29
Case :- WRIT - C No. - 35374 of 2019
Petitioner :- Hisamuddin Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhinab Mishra,Mushir Khan Counsel for Respondent :- C.S.C.,Mukesh Kumar Singh
Hon'ble Pankaj Mithal,J. Hon'ble Vivek Agarwal,J.
Heard learned counsel for the petitioner and Sri Mukesh Kumar Singh, learned counsel for the respondent Nos.2 and 3.
In challenging the impugned recovery of electricity dues, the submission is that no notice or opportunity of hearing was given pursuant to the provisional assessment.
Sri Mukesh Kumar Singh, learned counsel for the respondent Nos.2 and 3 submits that after the provisional assessment was sent to the petitioner no objections were received, the respondents proceeded to recover the amount treating the provisional assessment to be final.
In view of the aforesaid facts and circumstances as there is no specific order of final assessment, we dispose of the writ petition with liberty to the petitioner to file objections against the provisional assessment, a copy of which 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 respondent No.3 shall consider and decide the same most expeditiously, if possible, within six weeks.
The recovery shall abide by the order passed by the Executive Engineer.
The writ petition is disposed off.
Order Date :- 5.11.2019 Ashutosh
Hisamuddin
State Of U.P.
4 Others
Pankaj Mithal
Vivek Agarwal
As recorded by the court registry
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