Gauhar Ali v. State of U.P. and 4 Others

Court No. - 3 Case :- WRIT - C No. - 32777 of 2023 Petitioner :- Gauhar Ali Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Bhan Kushwaha Counsel for Respondent :- C.S.C.,Mukesh Kumar Singh Hon'ble Siddhartha Varma,J. Hon'ble Manoj Bajaj,J.

¶1This writ petition has been filed with a prayer to quash the demand notice dated 14.9.2020 issued by the respondent no.3 demanding from the petitioner Rs.1,62,413/- as electricity dues.

¶2Learned counsel for the petitioner states that demand was being made on the basis of the provisional assessment bill.

¶3On 31.10.2023, the case was adjourned on the request of learned counsel for the Electricity Department.

¶4Today, when the case was taken up, learned counsel for the Electricity Department has stated that inadvertently the demand notice was issued on the basis of the provisional assessment order and that now the final assessment bill would be sent after hearing the petitioner and after giving him an opportunity of giving a reply to the provisional assessment.

¶5Under such circumstances, the demand notice dated 14.9.2020 which has been issued, as per the statement of learned counsel for the Electricity Department, on the basis of the provisional assessment bill, is quashed. The petitioner shall now be given an opportunity to file his objection to the provisional assessment notice and thereafter the final assessment order would be passed. This exercise shall be completed within a period of two months. For a period of two months or till a decision is taken in the matter, whichever is earlier, no coercive action shall be taken against the petitioner.

¶6With these observations, the writ petition stands allowed. Order Date :- 7.11.2023 GS (Manoj Bajaj, J.) (Siddhartha Varma, J.) High Court of Judicature at Allahabad