Dismissed

Omvir Singh v. State of U.P. and 3 Others

Allahabad HC15 Dec 2020WRIC/18740/2020

Case brief

AI extract

What is this about?

High Court dismissed writ petition challenging recovery citation for alleged electricity theft, holding there is an alternative statutory remedy under Section 127 of the Electricity Act, 2003 which petitioner was directed to avail.

What did the court decide?

Writ petition dismissed; petitioner directed to approach the Appellate Committee under Section 127 of the Electricity Act, 2003.

Omvir Singh Vs State of U.P. and 3 Others — Land Acquisition | Allahabad HC (2020)

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Court No. - 46

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Case :- WRIT - C No. - 18740 of 2020

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Petitioner :- Omvir Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satish Kumar Yadav Counsel for Respondent :- C.S.C.,Usha Kiran

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

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Heard Sri Satish Kumar Yadav, learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 to 3 and Ms. Usha Kiran, learned counsel for the respondent no.4.

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The present writ petition has been filed, seeking the following reliefs:

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"i. To, issue a writ, order or direction in the nature of certiorari quashing the impugned recovery citation dated 22.02.2020 issued by respondent no. 2 and 4.

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ii. To, issue, a writ, order or direction in the nature of mandamus directing the respondents not to realize the amount in pursuance to the impugned recovery citation dated 22.02.2020 issued by respondent no. 2 and 4."

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Learned counsel for the petitioner submits that without affording any notice or opportunity to the petitioner, the recovery citation dated 22.02.2020 for a sum of Rs. 2,62,825/has been sent to the petitioner.

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Learned counsel for the respondent-corporation on the basis of instructions submits that an inspection was made by the Checking Team in the premises of the petitioner on 27.11.2019 and the petitioner was found involved in the theft of electricity. Thereafter, a provisional assessment notice was issued on 29.11.2019 through registered post, requiring the petitioner to submit his objection, but he did not respond to the said notice. The respondents corporation again on 13.12.2019 and 21.12.2019 issued notices to the petitioner to submit his objection. The petitioner did not submit any objection and as such the final assessment order was passed on 20.01.2020.

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Learned counsel for the respondent-power corporation further raised a preliminary objection and submitted that against the final assessment order, the petitioner has an alternative remedy of filing an appeal under Section 127 of the Electricity Act, 2003.

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The availability of statutory alternative remedy has not been disputed by the petitioner, as such we are not inclined to interfere in the matter.

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The petitioner, if so advised, may avail the alternative remedy as provided under Section 127 of the Electricity Act, 2003.

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The writ petition is dismissed.

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Order Date :- 15.12.2020 Lbm/-

Omvir Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Omvir Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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