Court No. - 2 Case :- WRIT - C No. - 33297 of 2010 Petitioner :- Vijay Krishna Agrawal & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Arvind Srivastava Respondent Counsel :- C.S.C.,H.P. Dube Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioners, Sri H.P. Dube and Sri
Raj Kumar, learned counsel for the respondents.
Learned counsel for the petitioners submit that by order dated 19th
May, 2010, the petitioner has been assessed from December, 2002
on the basis of inspection dated 24th February, 2010. He submit
that Annexure 6.3 of U.P. Electricity Supply Code, 2005 the
maximum period for which assessment could have been made is
365 days. He submits that the assessment being per see against the
statutory provisions is liable to be set aside.
Sri H.P. Dube, learned counsel for the respondent has refuted the
submission and submit that Annexure 6.3 shall be applicable only
when the period cannot be ascertained.
Sri H.P. Dube prays for and is allowed three weeks time to file
counter affidavit. One week thereafter is allowed to the learned
counsel for the petitioner to file rejoinder affidavit.
List after expiry of the aforesaid period.
In the meantime subject to petitioner depositing the amount as
assessed by the order dated 19th May, 2010 to the extent for a
period of one year before 24th February, 2010 within a week, the
electricity connection of the petitioner shall be connected.
Petitioner however, may deposit the regular bills as and when they
are raised.
Order Date :- 20.7.2010
Shiraz