Rama Yadav vs State of U.P. and Others

Heard learned counsel for the petitioner as well as learned Standing Counsel for the State-respondents, Sri H.P.Dube, learned counsel for the contesting respondent no. 3 and perused the record. The petitioner is a consumer of electricity and he is aggrieved by recovery citation dated 09.12.2011 issued by Tehsildar for recovery of amount of Rs. 1,86,221/- plus interest and other charges from the petitioner.

Earlier time was granted to Sri H.P.Dube for obtaining instructions and on having received the same he has stated that checking was carried in the premises of the petitioner on 10.06.2010. There were allegations of theft of electricity against the petitioner because of which a provisional assessment bill was issued on 19.08.2010. The petitioner was granted time to file his objection, which was not filed by the petitioner hence the final bill was issued in pursuance of which the present recovery has been initiated.

Learned counsel for the petitioner has, however, submitted that the petitioner was not provided with the provisional assessment bill and hence the petitioner could not file any objection. He may now be granted time to file his objection and thereafter, only final bill be raised against the petitioner.

Sri Dube, learned counsel for the contesting respondent, has however submitted that further time for filing his objection to the provisional assessment bill may be granted only, if the petitioner deposits a substantial amount.

Considering the facts and circumstances of this case and with the consent of the learned counsel for the parties, this writ petition is finally disposed off with the direction that the impugned recovery citation dated 09.12.2011 shall remain in abeyance provided the petitioner deposits a sum of Rs. 50,000/- before the Executive Engineer of the Corporation at Ghazipur within one month from today and file his objection to the provisional assessment bill ( copy of which has been handed over to the learned counsel for the petitioner today) within the same period. On such deposit being made and objection filed by the petitioner, the Executive Engineer/ respondent no. 3 shall pass final order after considering reply/objection of the petitioner and the petitioner shall thereafter be liable to pay such amount as assessed in the final order. In case of default in depositing the sum of Rs. 50,000/- or submitting his reply to the provisional assessment bill within one month from today, the aforesaid order shall stand withdrawn and the respondent authority shall be at liberty to press the recovery citation. No order as to costs.