Mohammad Husain v. U.P. Power Corporation Ltd. Lko. Thru. Chairman and Others

Court No. - 3 Case :- WRIT - C No. - 9819 of 2023 Petitioner :- Mohammad Husain Respondent :- U.P. Power Corporation Ltd. Lko. Thru. Chairman And Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- Manish Jauhari Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Heard Sri Ajay Kumar, learned counsel for the petitioner and Sri Manish Jauhari, learned counsel for the respondents.

¶2To the provisional assessment order of electricity made against the petitioner on the ground of theft, a reply was submitted by petitioner in the Office of the Executive Engineer concerned.

¶3A perusal of assessment order shows that the reply of petitioner is nowhere considered in the same. In reply petitioner has submitted that he is having valid electricity connection and no checking was conducted in presence of petitioner nor anything was recovered and the entire story of electricity theft is false. There is absolutely no consideration of reply of petitioner in the final assessment order. Hence, respondents are restrained from making any recovery on the basis of final assessment order.

¶4Petitioner is permitted to appear before the respondent no.3/Executive Engineer, Vidyut Vitran Nigam Limited, Vidyut Vitran Khand, Alapur, District Ambedkar Nagar, within one week from today and again submit his reply. Thereafter respondent no.3 shall pass fresh assessment order after taking into consideration the reply submitted by petitioner. Any final demand raised against petitioner shall be subject to said final assessment order passed by respondent no.3.

¶5With the aforesaid, the writ petition is disposed of. (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 7.11.2023 Arjun/- High Court of Judicature at Allahabad, Lucknow Bench