HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- WRIT - C No. - 52910 of 2015 Petitioner :- Abdul Zafar Respondent :- State Of U.P. & 2 Others Counsel for Petitioner :- Ram Krishna Counsel for Respondent :- C.S.C.,Shivam Yadav Hon'ble Arun Tandon,J.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner, Sri Shashi Shekhar Mishra, Advocate appearing on behalf of respondent no.2 and perused the record.
The record reflects that a notice was issued to the petitioner informing him that provisional assessments to the tune of Rs. 4,74,663.50 has been made in respect of the theft of electricity. The petitioner was afforded an opportunity to respond to the provisional assessment within 15 days.
It is his case that the notice was not served upon him and the order dated 25.8.2015 i.e. the final assessment has been made without full and fair opportunity to the petitioner, consequential recovery proceeding have been initiated.
Counsel for the petitioner admits receipt of the final assessment order, the same is not on record.
We are of the considered opinion that if the petitioner is not satisfied with the final assessment, he may seek his remedy under Section 127 of the Electricity Act, 2003.
The writ petition is dismissed with liberty to the petitioner to avail his statutory remedy as aforesaid.
Order Date :- 16.9.2015 Ashish Pd.