Shalendra Kumar Singh Vs State of U.P. and 3 Others

Court No. - 29

Case :- WRIT - C No. - 36088 of 2019

Petitioner :- Shalendra Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kirtikar Pande Counsel for Respondent :- C.S.C.,Mahboob Ahmad

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

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Heard Sri Kirtikar Pande, counsel for the petitioner and Sri Mahboob Ahmad, learned counsel for the respondents.

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The petitioner is challenging the demand of electricity dues on the ground that the procedure prescribed under Section 126 of the Electricity Act, 2003 was not followed as he was not given any opportunity to file his objections against the checking report / provisional assessment.

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It appears from the record that the premises of the petitioner was inspected on 11.6.2018 and he was found using electricity unauthorizedly, accordingly, an FIR has been lodged against him under Section 135 of the Electricity Act, 2003.

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Pending the said report, it appears that the provisional assessment for the unauthorised use of electricity was done. It appears that the petitioner was not served with the copy of the said provisional assessment as such he could not file any objections against the same.

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In view of the facts and circumstances, we dispose off the writ petition with liberty to the petitioner to file objections against the aforesaid provisional assessment. In case any such objections are filed within a period of two weeks from today, the Executive Engineer shall consider and decide the same in accordance with law most expeditiously preferably within one month provided such objection, if any, has already been decided by a speaking order. The recovery of the Electricity dues would abide by the order so passed by the Executive Engineer and shall be subject to final determination of the civil liability by the Special Court in exercise of powers under Section 154 of the Electricity Act, 2003.

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Order Date :- 7.11.2019 S.K.S.

Shalendra Kumar Singh v. State of U.P. and 3 Others

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Shalendra Kumar Singh v. State of U.P. and 3 Others

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