Krishna Kant Pandey Vs Purvanchal Vidyut Vitran Nigam Limited and 3 Others

Court No. - 47

Case :- WRIT - C No. - 14969 of 2020

Petitioner :- Krishna Kant Pandey Respondent :- Purvanchal Vidyut Vitran Nigam Limited And 3 Others Counsel for Petitioner :- Subhash Gosain Counsel for Respondent :- Mahboob Ahmad

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Hon'ble Naheed Ara Moonis,J. Hon'ble Vivek Varma,J.

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Heard Sri Subhash Gosain, learned counsel for petitioner, Sri Mahboob Ahmad, learned counsel for respondent nos.2, 3 & 4 and perused the record.

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The present writ petition has been filed claiming the following reliefs:-

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"(a) issue a writ, order or direction in the nature of certiorari quashing the final assessment order dated 20.7.2020 passed by respondent no.4 raising demand of Rs.5,22,431/- from the petitioner.

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(b) issue a writ, order or direction in the nature of mandamus directing the respondent no.4 to decide the objection dated 29.6.2020 moved by the petitioner before respondent no.4 against provisional assessment order dated 10.10.2019 passing final assessment order afresh taking into account the grounds of objection taken by the petitioner."

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Learned counsel for the petitioner submits that assessment order under Section 126(3) of the Electricity Act, 2003 has been passed without considering the objection of the petitioner dated 29.6.2020, annexed as Annexure-5 to the writ petition.

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Sri Mahboob Ahmad, learned counsel appearing on behalf of respondent nos.2, 3 & 4 very fairly submits that the objection so filed by the petitioner shall be considered and appropriate order shall be passed in accordance with law.

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In view of the statement so made by Sri Mahboob Ahmad, the assessment order dated 20.7.2020 is set-aside.

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The writ petition is disposed of with the direction to the Executive Engineer, the respondent no.4 to pass appropriate order after considering the objection submitted by the petitioner, within a period of one month from today.

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Order Date :- 29.9.2020 Kpy

Krishna Kant Pandey v. Purvanchal Vidyut Vitran Nigam Limited and 3 Others

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Krishna Kant Pandey v. Purvanchal Vidyut Vitran Nigam Limited and 3 Others

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