Partly allowed

Shabnam Shafiq v. State of U.P. and 3 Others

Allahabad HC7 Jun 2022WRIC/7223/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a final assessment order and the denial of electricity supply. The court directed the petitioner to deposit 50% of the assessed amount within two weeks to restore supply and ensure the objection is decided within four weeks.

What did the court decide?

The petitioner must deposit 50% of the assessed amount within two weeks. Upon deposit, the electricity supply shall be restored forthwith. The objection shall be decided within four weeks.

Shabnam Shafiq Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 7223 of 2022

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Petitioner :- Shabnam Shafiq Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bidhan Chandra Rai Counsel for Respondent :- C.S.C.,Alok Mishra

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Chandra Kumar Rai,J.

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Heard Sri B.C. Rai, learned counsel for the petitioner, learned Standing Counsel for respondent No.1 and Sri Alok Mishra, learned counsel for the respondent Nos.2 and 3.

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With consent of learned counsel for the parties, the instant writ petition is being disposed of finally without inviting a formal counter affidavit.

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The principal relief claimed in writ petition is for quashing of order of assessment dated 23rd November, 2021 whereby provisional assessment amount of a sum of Rs. 1,09,226/- has been held to be final as petitioner had failed to file objection against order of provisional assessment dated 02.11.2021.

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The other challenge in the writ petition is to an order dated 06.01.2021 disposing of the application of petitioner dated 18.12.2021, requiring the petitioner to deposit the entire amount and also file a notary affidavit giving certain undertaking as a condition precedent for restoring the electric supply.

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Learned counsel for the petitioner submitted that in pursuance of the notice of provisional assessment, the petitioner appeared in the office of concerned respondent on 18th November, 2021 but on that date, matter was not heard and the petitioner was told that she will be intimated about the next date. The

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petitioner asserts that she sent her objections by registered post on 18.11.2020 itself. However, the respondent-authority has proceeded to finalize the provisional assessment amount observing that no objection has been filed, which is factually incorrect.

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The specific case of the petitioner is that the objection sent by her by registered post was received on 25th November, 2021 by the respondents. It is submitted that since on 18.11.2021, the matter was adjourned without fixing next date, therefore, the respondent-authority should have intimated next date before proceeding to finalize the provisional assessment. It is also urged that in the above facts and circumstances, the order of final assessment has been passed in gross violation of principles of natural justice.

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Sri Alok Kumar Mishra, appearing on behalf of respondentcorporation submitted that the respondent-corporation is ready to consider the objection filed by the petitioner provided the petitioner deposits some amount to show her bonafides.

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Having regards to the facts and circumstances of the case, we dispose of the instant petition as follows:

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(a) The petitioner will deposit half of the amount assessed against her within two weeks from today before respondent No.3.-Executive Engineer.

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(b) If amount is deposited, respondent No.3-Executive Engineer will ensure that the electric supply is restored forthwith.

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In case, the petitioner fails to deposit 50% of the amount within time frame as stipulated above, the protection granted to her by

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the instant order will lapse automatically. The impugned assessment order will abide by the decision that would be taken by respondent No.3-Executive Engineer on the objection of the petitioner.

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It shall be open to the petitioner to file additional objection, if any, along with true attested copy of the instant order within two weeks.

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Order Date :- 7.6.2022 PS

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(Chandra Kumar Rai,J) (Manoj Kumar Gupta,J)

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Digitally signed by PRITI SHARMA Date: 2022.06.08 18:01:46 IST Reason: Location: High Court of Judicature at Allahabad

Shabnam Shafiq v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Shabnam Shafiq v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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