Petitioner sought quashing of recovery proceedings due to absence of final assessment order under Electricity Supply Code, 2005. Petition dismissed as recovery was withdrawn and will follow due procedure.
Recovery withdrawn; department to follow Electricity Supply Code procedure.
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Court No. - 21
Case :- WRIT - C No. - 40487 of 2022
Petitioner :- Smt. Nadra Khatoon Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Zafeer Ahmad Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Manoj Kumar Gupta,J. Hon'ble Vikram D. Chauhan,J.
The instant petition has been filed praying for quashing of the order dated 31.8.2022 rejecting the representation of the petitioner filed against the recovery notice issued by the respondent-Electricity Department for recovery of amount assessed against the petitioner under the provisions of the Electricity Supply Code, 2005. The case of the petitioner is that there was no final assessment order in existence and consequently the recovery proceedings are per se illegal.
Sri Pranjal Mehrotra, learned counsel appearing on behalf of the respondent-Electricity Department on instructions states that the impugned recovery has been withdrawn and that the respondent department will pass fresh order after following the procedure prescribed under the Electricity Supply Code, 2005. A copy of the communication sent in this behalf by Executive Engineer to Additional District Magistrate (Finance and Revenue), dated 20.1.2023 has been placed on record for our perusal.
Having regard to the above fact, we dispose of the instant petition in terms of the statement made by learned counsel for the respondent-Electricity Department. The respondent shall now proceed in the matter strictly in accordance with the procedure prescribed under the Electricity Supply Code, 2005.
Order Date :- 30.1.2023 VMA
(Vikram D. Chauhan, J.) (Manoj Kumar Gupta, J.)
Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the recovery proceedings are illegal in absence of a final assessment order.
1 provisions across 1 enactments
Smt. Nadra Khatoon
State Of U.P
2 Others
Manoj Kumar Gupta
Vikram D. Chauhan
As recorded by the court registry
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