Court No. - 36 Case :- WRIT - C No. - 33814 of 2010 Petitioner :- Rahul Rajpoot Respondent :- State Of U.P. & Ors. Petitioner Counsel :- R.R. Tiwari,K.D. Tiwari Respondent Counsel :- C.S.C. Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the petitioner and learned
Standing Counsel for the respondents.
Prayer in this writ petition is for a direction to quash the
provisional assessment dated 18.1.2010 and to direct the
respondents to resotre the electric supply of the petitioner.
A perusal of the record indicates that the notice has been
issued by the Executive Engineer to the petitioner to file the
objections, if any, against the assessment. The petitioner
has a right to file the objection under the Electricity Act.
The learned counsel for the Power Corporation informs that
the final assessment has not been made so far.
In view of the aforesaid, we dispose of this writ petition by
giving following directions:-
(i) The petitioner may file the objections against the notice
dated 6.1.2010 within a period of two weeks from today
along with the certified copy of this order.
(ii) The Executive Engineer may decide the objections within
the next four weeks. It is further provided that if the petitioner
will deposit an amount of Rs. 1.5 lacs within a period of two
weeks from today then the recovery of the remaining amount
shall remain stayed. If the order is not complied with by
depositing the aforesaid amount then the interim protection
shall cease.
If the amount is so deposited then the Power Corporation
shall reconnect the electricity connection of the petitioner
within three days of the deposit.
The writ petition is disposed of accordingly.
Order Date :- 21.7.2010
Prabhat