Challenging assessment orders for electricity theft, the court allowed a stay conditionally, granting liberty to file an appeal under Section 127 of the Electricity Act, 2003 within two weeks for a speedy decision.
Liberty to file an appeal under Section 127 of the Electricity Act, 2003 within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 21
Case :- WRIT - C No. - 3060 of 2023
Petitioner :- Sanjay Tripathi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Girish Kumar Gupta,Suneeta Gupta Counsel for Respondent :- C.S.C.,Usha Kiran
Hon'ble Manoj Kumar Gupta,J. Hon'ble Vikram D. Chauhan,J.
Heard counsel for the petitioner and Mrs. Usha Kiran for the respondent Electricity Department.
The instant petition has been filed challenging the orders dated 1.10.2022, 11.10.2022, 9.11.2022 and 4.01.2023 passed by respondent no.4.
The facts which are not dispute are that the respondents had issued an order of provisional assessment to the petitioner on ground of theft of electricity. The provisional assessment was based on the average consumption of electricity in last twelve months. The amount assessed was a sum of Rs.6,94,159.75/and which has been multiplied by 2 and accordingly a sum of Rs.13,88,319.50/- has been demanded from the petitioner.
The final assessment was done by the respondents on 9.11.2022 by passing a speaking order. Thereby the petitioner was required to deposit Rs.13,88,320. A sum of Rs.90,000/- was determined as compounding fee. The impugned order dated 01.10.2022 indicates that the respondents are holding an enquiry as to the facts and circumstances in which defective meter was installed at the petitioner's premises. However, the impugned order further mentions that assessment proceedings have been finalised against two separate electric connection and the total amount due is Rs. 23,91,886/-.
Learned counsel for the petitioner tried to contend that since the enquiry is pending in relation to the person responsible for installing a defective meter, therefore, the entire proceedings relating to recovery should be kept in abeyance.
As we noted that the provisional assessment was made on basis of average consumption of electricity during last twelve months, preceding the installation of the defective meter, we gave option to learned counsel for the petitioner to deposit 50% of the amount, but he preferred to avail the remedy of appeal.
In the circumstances, we dispose of the instant petition with
liberty to the petitioner to avail the remedy of appeal under Section 127 of the Electricity Act, 2003. In case, the appeal is filed within two weeks from today, after complying with other statutory requirements, the same shall be entertained and decided on merits expeditiously.
(Vikram D. Chauhan, J.) (Manoj Kumar Gupta, J.) Order Date :- 30.1.2023 SL
Digitally signed by :- SHYAM LAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether an appeal against recovery proceedings for electricity theft can be filed by the petitioner.
1 provisions across 1 enactments
Sanjay Tripathi
State Of U.P.
Respondents No. 2 to 4
Manoj Kumar Gupta
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
