Sudarshan Rajput v. State of U.P. and 4 Others

Court No. - 3 Case :- WRIT - C No. - 36715 of 2023 Petitioner :- Sudarshan Rajput Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Prakash Kushwaha Counsel for Respondent :- C.S.C.,Gaurav Singh,Krishna Agarawal Hon'ble Siddhartha Varma,J. Hon'ble Manoj Bajaj,J.

¶1Heard learned counsel for the petitioner; learned Standing Counsel for the State-respondents and Sri Gaurav Singh for the Electricity Department.

¶2Instructions filed today be kept on record.

¶3This writ petition has been filed against a demand notice dated

28.5.2022. Learned counsel for the petitioner states that there is no final assessment, yet the demand notice had been sent to the petitioner. Learned counsel for the petitioner further submits that when the provisional assessment was made and a notice was sent to the petitioner, the petitioner had also replied on 6.9.2023. Learned counsel for the petitioner states that without adverting to the reply of the petitioner, the demand notice had been sent even prior to the date when the reply was sent by the petitioner.

¶4Learned counsel for the Electricity Department, however, states that the reply of the petitioner shall be considered and only thereafter the recovery of the electricity dues shall be made.

¶5Under such circumstances, we provide that no recovery be done from the petitioner as per the demand notice dated 28.5.2022 and the Electricity Department, after considering the reply of the petitioner which was filed on 6.9.2023, shall pass a final assessment order within the next one month and if any dues are found with regard to the theft as has been alleged, then the same shall be communicated to the petitioner.

¶6With these observations, the writ petition stands disposed of. Order Date :- 26.10.2023 GS (Manoj Bajaj, J.) (Siddhartha Varma, J.) High Court of Judicature at Allahabad