Pramod Kumar Vs State of U.P. and 3 Others

Court No. - 21

Case :- WRIT - C No. - 2891 of 2023

Petitioner :- Pramod Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vachaspati Shukla Counsel for Respondent :- C.S.C.,Alok Mishra

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Vikram D. Chauhan,J.

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Heard Sri Vachaspati Shukla, learned counsel for the petitioner and Sri Alok Mishra, learned counsel for the Electricity Department.

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The petitioner has challenged the recovery certificate dated 07.01.2023 issued by the respondent No. 3 for recovery of a sum of Rs. 3,50,360/- alongwith compounding charges of Rs. 80,000/- from the petitioner in a case of theft of electricity.

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Learned counsel for the petitioner tried to contend that the assessment made is incorrect, as the respondents have made assessment by assuming that the electricity was consumed for 18 hours whereas it could not be more than 10 hours.

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In our opinion, the aforesaid issue can be raised by the petitioner in appeal, in case it is filed against the final assessment order as provided under Section 127 of the Electricity Act, 2003. We decline to examine the said issue in exercise of writ jurisdiction in view of availability of alternative remedy.

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Accordingly, the petition is disposed of with liberty to the petitioner to challenge the order of final assessment by filing appeal under Section 127 of the Electricity Act, 2003 or avail any other remedy as may be advised.

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The petition is disposed of.

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(Vikram D. Chauhan, J.) (Manoj Kumar Gupta, J.) Order Date :- 28.1.2023 Ruhi

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Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad

Pramod Kumar v. State of U.P. and 3 Others

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Pramod Kumar v. State of U.P. and 3 Others

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