Petitioner charged for LMV 5 usage against LMV 2 connection. Electricity Department reassessed usage as domestic after previous order quashed vague assessment. Petitioner liable for applicable charges but no theft proven. Writ petition disposed of.
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Neutral Citation No. - 2023:AHC:183983-DB
Court No. - 3
Case :- WRIT - C No. - 26866 of 2023
Petitioner :- Vikas Asthana Respondent :- State of U.P. and Another Counsel for Petitioner :- Ram Pravesh Yadav,Shashank Kumar Counsel for Respondent :- CSC,Udit Chandra
Hon'ble Siddhartha Varma,J. Hon'ble Manoj Bajaj,J.
Short counter affidavit filed today be kept on record.
The petitioner, in an inspection, was found to be using load of LMV 5 against an LMV 2 connection and against the petitioner a first information report was lodged. The petitioner had also prayed for an opportunity to get the offences compounded.
In the meantime, a final assessment was made by the Electricity Department. This assessment was found to be vague and was quashed by the order dated 31.3.2023 passed in Writ C No. 10638 of 2023.
Now, again, by the order dated 6.6.2023 a final assessment has been made and the petitioner was held to be using Electricity Connection for purposes other than domestic purposes. The petitioner's act was found to be only irregular and no guilt of theft was established. The Electricity Department after giving the above finding has charged Rs. 34603/- from the petitioner.
The Electricity Department has stated that now when the petitioner was using the connection as a domestic connection, no interference was required to be made. It has been stated that electricity would now be charged treating the connection as a domestic one.
We also find that the petitioner was now using only domestic connection. For whatever illegality the petitioner had done, charges had been imposed.
The writ petition is accordingly disposed of. Order Date :- 22.9.2023 PK
(Manoj Bajaj,J.) (Siddhartha Varma,J.)
Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad
Vikas Asthana
State of U.P.
Another
Siddhartha Varma
Manoj Bajaj
As recorded by the court registry
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