Lalji Verma v. State of U.P. Thru. Prin. Secy. Energy Civil Secrt. Lko. and Others

Court No. - 3 Case :- WRIT - C No. - 9454 of 2023 Petitioner :- Lalji Verma Respondent :- State Of U.P. Thru. Prin. Secy. Energy Civil Secrt. Lko. And Others Counsel for Petitioner :- Lal Bahadur Khan Counsel for Respondent :- C.S.C.,Manish Jauhari Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Heard learned counsel for parties.

¶2Petitioner has approached this Court challenging the recovery notice dated 10.12.2022 issued to the petitioner without deciding his objections filed to the provisional assessment order dated 08.08.2022.

¶3Learned counsel for the petitioner submits that provisional assessment order was raised and deeming it final assessment order and without deciding petitioner's objections to the same, recovery notice has been issued.

¶4Shri Manish Jauhari, learned counsel for the respondent corporation fairly accepts that petitioner's objections were not considered and without following the procedure, provisional assessment order was deemed to be final assessment order. He submits that petitioner may submit fresh objections against the said assessment order dated 08.08.2022 within a period of two weeks before the respondent no.5-Executive Engineer, Electricity Distribution Division (Madhyanchal Vidhut Vitran Nigam Limited), Jalalpur, District-Ambedkar Nagar who shall consider and decide the same by passing reasoned and speaking order after hearing all the parties concerned within a period of four weeks, thereafter. Any final demand raised against the petitioner shall be subject to the final order passed by the respondent no.5.

¶5In view of the aforesaid, recovery notice dated 10.12.2022 is hereby quashed.

¶6Writ petition is disposed of. Order Date :- 30.10.2023 Arti/- [Manish Kumar,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench