Danish Vs State of U.P. and 2 Others — Allahabad HC (2020) — LawSathi Research

Danish Vs State of U.P. and 2 Others — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner to appear before Respondent No. 3 on 27.1.2020 with objections and evidence; Respondent No. 3 to pass a final speaking and reasoned order within four weeks; no coercive action for seven weeks or till disposal of representation/objection, whichever earlier; appeal under Section 127 of the Electricity Act, 2003 available against the final order; demand notice to revive automatically on petitioner's default.

Issue for consideration

Whether coercive recovery pursuant to the assessment/demand notice dated 19.11.2018 of Rs.4,53,906/- can be pressed against the petitioner without affording an opportunity of hearing and without following the U.P. Electricity Supply Code 2005.

Court's answer

Taking a lenient view, the Court directed the petitioner to appear before Respondent No. 3 (Executive Engineer) on 27.1.2020 at 11.00 A.M. along with his objection and to adduce evidence, if any, in support of his contention.

Ratio / Principle

Respondent No. 3 is to pass a final order by a speaking and reasoned order after considering the petitioner's objections and contentions, within four weeks thereafter.

Key takeaways

No coercive action shall be taken against the petitioner for seven weeks from the date of the order or till disposal of the representation/objection, whichever is earlier.ratio¶12
If aggrieved by the final order passed against him, the petitioner may file an appeal before the concerned authority under Section 127 of the Electricity Act, 2003 in accordance with law.ratio¶13
If the petitioner does not appear on the fixed date and file his objection, the impugned demand notice shall stand revived automatically.

Detailed headnote1 paragraphs

Danish v. State of U.P. (WRIT - C No. 378 of 2020, decided 9.1.2020): Petition challenged an assessment/demand notice dated 19.11.2018 of Rs.4,53,906/- issued by respondent no. 3 (Executive Engineer), on the ground that coercive action was being taken without opportunity of hearing and without following the U.P. Electricity Supply Code 2005. Taking a lenient view, the Court did not adjudicate the merits but directed the petitioner to appear before respondent no. 3 on 27.1.2020 with objections and evidence; respondent no. 3 to decide by a speaking and reasoned order within four weeks; no coercive action for seven weeks or until disposal of the representation/objection, whichever earlier; failure of the petitioner to appear and file objections revives the demand notice automatically; statutory appeal under Section 127, Electricity Act, 2003 available against the final order. Petition disposed of accordingly.

Court No. - 32

Case :- WRIT - C No. - 378 of 2020

Petitioner :- Danish

Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Mishra Counsel for Respondent :- C.S.C.,Suman Kumar Yadav

Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.

This writ petition has been filed, inter alia , for the following reliefs:

(a) issue a writ, order or direction in the nature of certiorari to quash the impugned assessment /demand notice dated 19.11.2018 of Rs.4,53,906/- issued by the respondent no. 3 (Annexure no.1)."

Learned counsel for the petitioner has submitted that the respondents are taking coercive action against the petitioner without giving any opportunity of hearing and without following the provisions contained under the U.P. Electricity Supply Code 2005.

Heard the learned counsel for the petitioner, Mr. Suman Kumar Yadav, learned counsel for the electricity department and perused the record.

Considering the facts and circumstances of the case and taking a lenient view in the matter, we direct the petitioner to appear on 27.1.2020 at 11.00 A.M. before the Respondent No.3,

Executive Engineer along with his objection and adduce his evidence, if any, in support of his contention.The Respondent No.3, thereafter, shall pass a final order by a speaking and reasoned order after considering the objections of the petitioner as well as the contention raised by the petitioner within a period of four weeks thereafter.

For a period of seven weeks from today or till the disposal of the representation/objection, whichever is earlier, no coercive action shall be taken against the petitioner.

In case the petitioner is aggrieved with the final order, if any, passed against the petitioner, it will be open for the petitioner to file an appeal before the concerned authority under Section 127 of the Electricity Act, 2003 in accordance with law.

It is made clear that in case the petitioner does not appear on the said date fixed and files his objection, the impugned demand notice shall stand revived automatically.

With the above observations, the writ petition stands disposed of.

O rder Date :- 9.1.2020

MLK