Smt. Kamlesh Kumari v. State of U.P. Thru. Addl. Chief Secy. (Energy) Civil Secrt. Lko. and Others

Court No. - 3 Case :- WRIT - C No. - 10689 of 2023 Petitioner :- Smt. Kamlesh Kumari Respondent :- State Of U.P. Thru. Addl. Chief Secy. (Energy) Civil Secrt. Lko. And Others Counsel for Petitioner :- Sushil Kumar Mishra,Saryu Prasad Tiwari Counsel for Respondent :- C.S.C.,Amit Kumar Dwivedi Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Heard learned counsel for petitioner, Sri Amit Kumar Dwivedi, learned counsel for respondent power corporation and learned Standing Counsel for State.

¶2Present writ petition is filed by petitioner challenging the impugned recovery certificate dated 31.10.2023 passed by respondent no.2 Executive Officer (Prescribed Authority), Vidyut Vitran Khand, Rahim Nagar, Lucknow for recovery of amount of Rs.3,40,899/-.

¶3The provisional assessment order was given to petitioner on

21.08.2023. Petitioner could have filed its reply within 15 days. It appears that the same was not filed, hence, final assessment order was passed on 31.10.2023.

¶4In the given circumstances, since the final assessment order is already passed, petitioner has an alternative remedy of filing an appeal under Section 127 of Electricity Act.

¶5With liberty to petitioner to avail the alternative remedy, present writ petition is consigned to record. Order Date :- 11.12.2023 Arti/- [Manish Kumar,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench