Pradeep Kumar v. State of U.P. and 2 Others

Court No. - 39 Case :- WRIT - C No. - 7297 of 2021 Petitioner :- Pradeep Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- P.H. Vashishtha,Ranjeet Singh Counsel for Respondent :- C.S.C.,Pranjal Mehrotra

Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.

Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Sri Pranjal Mehrotra, learned counsel for the respondents No. 2 and 3.

The petitioner seeks to challenge the recovery proceedings for realization of the electricity dues on the allegations of unauthorized use of electricity/theft.

The contention of learned counsel for the petitioner is that no notice has been given to him before making final assessment and even inspection report has not been supplied to the petitioner.

The written instructions supplied by the counsel appearing for respondent-department is taken on record.

It is stated therein that the premises in question was inspected on 04.01.2020 and the petitioner had refused to receive the checking report. The notice dated 24.01.2020 was then sent to the petitioner to which no reply had been given by the petitioner. The final assessment order had then been passed and a demand notice under Section 3 was issued on 21.07.2020. As the petitioner did not furnish any reply to the demand notice, the recovery citation has been issued.

Noticing the above facts, the contention of the learned counsel for the petitioner that the copy of the inspection report had not been supplied to him and the notice of provisional assessment had not been served upon the petitioner, cannot be accepted.