Disposed

Smt.Namrata Singh v. State of U.P. and 2 Others

Allahabad HC19 Jan 2023WRIC/38700/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a recovery notice for electricity dues issued without a final assessment order. The electricity department agreed to withdraw the notice and initiate fresh proceedings in compliance with the Electricity Supply Code, 2005.

What did the court decide?

Recovery notice withdrawn. Directions to initiate fresh proceedings in accordance with the Electricity Supply Code, 2005.

Smt.Namrata Singh Vs State of U.P. and 2 Others — Service and Employment | Allahabad HC (2023)

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Court No. - 21

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Case :- WRIT - C No. - 38700 of 2022

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Petitioner :- Smt.Namrata Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari

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

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The instant petition has been filed challenging the recovery notice dated 14.03.2022 issued by respondent no.3 for recovery of electricity dues in a case of alleged theft of electricity.

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On 11.01.2023, the following order was passed:-

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"Sri Narendra Kumar Tiwari, learned counsel for the respondent no. 3-Electricity Department submits that final assessment was made in the instant case and the recovery is based on the same. However, he is unable to place on record the final assessment order except a bill which mentions that it is being issued as theft was discovered during checking. The bill cannot be a substitute to a final assessment order envisaged under Clause 8 of the Electricity Supply Code, 2005.

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Respondent no. 3 shall communicate the instant order to the Managing Director, Purvanchal Vidyut Vitaran Nigam Limited and both of them will file their personal affidavits and explain how the procedure adopted is in accordance with that provided under the Electricity Supply Code, 2005.

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Sri Narendra Kumar Tiwari, learned counsel for the respondent no. 3-Electricity Department undertakes to communicate the instant order to the third respondent for compliance.

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Put up as fresh on 18.1.2023."

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In compliance of the above order, personal affidavit of the Managing Director, P.V.V.N.L. has been filed and in which it is admitted that proper procedure was not followed in issuing the recovery notice.

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Learned counsel for the respondent Corporation Sri N.K. Tiwari has placed on record a communication sent by Executive Engineer to A.D.M., Finance, Prayagraj for withdrawal of the recovery certificate. Sri N.K. Tiwari states that the recovery certificate has been withdrawn and fresh proceedings will be initiated strictly in accordance with law.

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Having regard to the aforesaid stand of the respondent Corporation, the writ petition is disposed of in terms thereof.

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(Vikram D. Chauhan, J.) (Manoj Kumar Gupta, J.)

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Order Date :- 19.1.2023 SL

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Digitally signed by :- SHYAM LAL High Court of Judicature at Allahabad

Smt.Namrata Singh v. State of U.P. and 2 Others

Case brief

What is this about?

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Smt.Namrata Singh v. State of U.P. and 2 Others

Case brief

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