A writ petition challenging recovery based on a provisional assessment order under the Electricity Act, 2003 was filed. The Court quashed the recovery certificate granting liberty to pass a final assessment order.
Recovery certificate dated 21.08.2021 is quashed with liberty to pass final assessment order.
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Court No. - 21
Case :- WRIT - C No. - 37436 of 2022
Petitioner :- Bilal Ahamad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadh Sharma Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
The instant petition has been filed challenging the recovery certificate dated 21.08.2021 issued by the respondents on basis of a provisional assessment order passed under the provisions of the Electricity Act, 2003 against the petitioner.
The case of the petitioner is that the amount is being recovered on basis of provisional assessment order without passing any final assessment order.
Shri Pranjal Mehrotra appearing on behalf of the respondentCorporation states that the respondents will pass final assessment order and will not insist for recovery on basis of a provisional assessment order.
Accordingly, the recovery certificate dated 21.08.2021 is hereby quashed with liberty to the respondent-Corporation to pass final assessment order and thereafter proceed in accordance with law.
The writ petition stands disposed of accordingly.
Order Date :- 22.12.2022 SK
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether recovery can proceed based on a provisional assessment order without a final assessment order under the Electricity Act, 2003?
1 provisions across 1 enactments
Bilal Ahamad
State Of U.P.
Respondent-Corporation
Manoj Kumar Gupta
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
