M/S S.A. Enterprises v. State of U.P. and 5 Others

Court No. - 3 Case :- WRIT - C No. - 31136 of 2023 Petitioner :- M/S S.A. Enterprises Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- C.S.C,Kartikeya Saran Hon'ble Siddhartha Varma,J. Hon'ble Manoj Bajaj,J.

¶1Petitioner was given a provisional assessment dated 09.01.2023 on the basis of an inspection dated 12.01.2023. The petitioner thereafter replied on 25.01.2023. The reply was supplemented by another reply on 31.03.2023 and thereafter a final assessment order was passed on 15.06.2023. Learned counsel for the petitioner states that the order was a non-speaking order and had not considered the reply of the petitioner. He also states that there was no compliance of the provision of Clause 6.8(c)(i) of the Electricity Supply Code, 2005.

¶2Learned counsel appearing for the Electricity Department, Sri Vinayak Ranjan, Advocate holding brief of the Sri Kartikeya Saran does not dispute this fact.

¶3Under such circumstances, we quash the final assessment order dated 15.06.2023 and remand the matter back to the Executive Engineer. While taking decision the reply of the petitioner shall be considered. A fresh order of final assessment shall thereafter be passed.

¶4Since the final assessment order has been quashed, we also quash the recovery citation dated 19.08.2023.

¶5With these observations, the writ petition is accordingly, allowed. Order Date :- 19.10.2023 M.S. Ansari (Manoj Bajaj, J.) (Siddhartha Varma, J.) High Court of Judicature at Allahabad