Court No. 1. Writ Petition No.6540 (M/B) of 2010 R.B. Lal (Raas Bihari Lal) Vs. U.P. Power Corporation Ltd. & others Hon'ble Pradeep Kant, J.
Hon’ble R.R. Awasthi, J.
Heard Sri O.P. Srivastava, learned counsel for the petitioner and Sri Kapil
Misra for the respondents.
The petitioner approached this Court against the disconnection of electricity
connection on the ground that though he is having a domestic connection of 3 K.V.
but he was charged of using the connection for commercial purposes. The
petitioner has come to this Court with the specific case that the plea of using the
aforesaid electric connection for commercial use, was factually incorrect as there
was no restaurant being run nor any commercial activity was being undertaken.
We, in view of the specific report of inspection which stated otherwise,
appointed an Advocate, Sri Shobhit Mohan Shukla of this Court to make an spot
inspection and submit his report. The Advocate Commissioner submitted his report
on 15.7.2010. The petitioner has filed objection and reply thereof has been filed by
Sri Kapil Misra, learned counsel for the Corporation. Along with the
Commissioner’s report menu cards have been annexed to indicate that a
restaurant was being run. This fact has been admitted by the petitioner saying that
one Mr. Mathur was running a restaurant who has run away two years ago without
paying the rent and, therefore, a SCC suit is pending against him, but no
restaurant is being run since then. All menu cards etc. are of tenant’s time.
We have perused the Commissioner’s Report and also the objections filed
by the petitioner. After going through the inspection report, we do not find any
ground to entertain the petition as the dispute raised by the petitioner is a factual
dispute i.e. whether the electricity connection was being used for commercial use
or not. The Commissioner’s report also shows non-cooperation of the petitioner
with the Advocate Commissioner.
We are informed by Sri Kapil Misra, which fact is also admitted to the
petitioner’s counsel that provisional assessment under Section 126 has already
been made and if the petitioner is willing he may approach the authority concerned
so that the final assessment may be made.
Learned counsel for the petitioner says that let a direction be issued to
authority concerned to make final assessment after affording opportunity of
hearing to the petitioner.
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We under the circumstances give liberty to the petitioner to file objections
to the provisional assessment made and on such objection being received, after
giving opportunity of hearing to the petitioner final assessment shall be made
within 15 days from the date of receipt of the said objections. If the petitioner feels
aggrieved by the final assessment, he is at liberty to challenge the same in the
appropriate forum as may be provided under law. It is also open to the petitioner
to approach the concerned authority for restoring the electricity connection on such
terms and conditions as may be laid down by the Corporation.
The writ petition is accordingly disposed of.
2.8.2010
Arjun/-