Pawan Kumar v. State of U.P. Thru. Secy. Energy Deptt. and 2 Others

Court No. - 1 Case :- WRIT - C No. - 10337 of 2023 Petitioner :- Pawan Kumar Respondent :- State Of U.P. Thru. Secy. Energy Deptt. And 2 Others Counsel for Petitioner :- Vinod Kumar Counsel for Respondent :- C.S.C.,Manish Jauhari Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the parties.

¶2To the provisional assessment order of electricity made against the petitioner on the ground of theft, a reply was submitted by petitioner on 16.10.2023 through registered post to the executive engineer concerned. Today, learned counsel for respondent corporation has placed before this Court the un-dated final assessment order raising the demand.

¶3A perusal of assessment order shows that the reply of petitioner is nowhere considered in the same. In reply petitioner had 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 (Prescribed Authority) (Madhyanachal Vidyut Vitran Nigam Ltd.) Vidyut

Vitran

Khand

Milkipur,

District Faizabad/Ayodhya within one week from today and again submit his reply. Thereafter respondent no.3 shall pass fresh assessment order after taking into consideration 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. Order Date :- 28.11.2023 Shahnaz High Court of Judicature at Allahabad, Lucknow Bench