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Allahabad High Court · body

2020 DIGILAW 160 (ALL)

Jay Karan v. State of U. P.

2020-01-14

AJIT KUMAR, RAMESH SINHA

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JUDGMENT : 1. Heard Sri Rajesh Kumar Verma, learned counsel for the petitioner, Sri Mahboob Ahmad, learned counsel appearing for the respondent Corporation, learned Standing Counsel appearing for the State respondents and perused the record. 2. By means of this writ petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 3rd July, 2019 whereby the petitioner's representation seems to have been rejected. 3. It has been argued on behalf of the petitioner that instead of deciding the objection of the petitioner to the provisional assessment, the authority has come out to pass an order deciding the representation and there is nothing in the order to decipher as to whether the provisional assessment order has been taken to be as a final assessment for the purposes of realization of electricity dues or not. 4. We made a pointed query to the learned counsel appearing for the respondent Corporation as to in what circumstances and manner this order has come to be passed and he concedes that the order does not state anywhere as to whether the provisional assessment has taken to be a final assessment rejecting the objection of the petitioner in the light of the provisions as contained under the U.P. Supply Code, 2005. 5. In such view of the matter, we have no other option but to set aside the order dated 3rd July, 2019 and direct the matter to revisit by the authority competent in the matter. The writ petition is accordingly allowed with a direction to the competent authority, i.e., Executive Engineer to pass order dealing with the objection of the petitioner against the provisional assessment in the light of the provisions as contained in the U.P. Supply Code, 2005 within a period of four weeks from the date of production of a certified copy of this order.