Allahabad High Court
Dakshinanchal Vidyut Vitran ... vs State Of U.P. & 2 Others on 8 December, 2014
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - C No. - 65749 of 2014
Petitioner :- Dakshinanchal Vidyut Vitran Nigam Ltd. & Another
Respondent :- State Of U.P. & 2 Others
Counsel for Petitioner :- Birendra S. Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and learned Standing Counsel appearing for respondent nos. 1 and 2.
By means of present writ petition, the petitioners had prayed for quashing the impugned order dated 02.04.2014 passed by the respondent no.2 as Appellate Authority in appeal no. 1 of 2011 (Rajendra Kumar Gupta Vs. Dakshinanchal Vidyut Vitran Nigam Ltd. and others).
Learned counsel for the petitioners submits that respondent no.3 is running a school namely Adarsh Shiksha Samiti and took electricity connection No. 6020/084024 of 7.5 Kilo Watt (KW). The premises of respondent no.3 was checked by the checking team on 12.08.2010 and it has been found that institution has used electricity load of 14.756 KW against the sanctioned load i.e. 7.5 KW. It had also been found that meter was tempered and in view of Section 135 of Electricity Act, a notice of provisional assessment of the sum of Rs. 2,71,476.34 was issued to the respondent no.3.
It is also apparent from the record that thereafter, the respondent no.3 filed his detailed objection dated 13.12.2010 and asked for independent checking of the meter, which was rejected vide order dated 24.02.2011 and finally in view of electricity supply code 2005 and Section 135 of Electricity Act, the assessment of Rs. 2,71,476.34 was made, and in pursuance of said assessment a demand notice under Section 3 of U.P. Government Electricity Business Institution (Recovery of Dues) Act 1958, has been issued. Against the said assessment order, the respondent no.3 has filed writ petition no. 18315 of 2011, which was disposed of vide order dated 30.03.2011 for filing an appeal.
It is also apparent from the record that respondent no.3 filed an appeal under Section 127 of Electricity Act before the respondent no.2/Additional Commissioner (Judicial-Ist), Agra Division Agra, which was allowed vide order dated 02.04.2014 in his favour and the assessment order dated 02.02.2011 and 24.02.2011 was quashed.
Learned counsel for the petitioners submits that order impugned cannot sustained on the ground that in view of clause 5.5 of electricity supply code 2005, only after considering the objection of respondent no.3, the final assessment order has been made in the matter.
The matter requires consideration.
Issue notice to respondent no.3. Steps may be taken within a week, returnable at an early date. The respondents are allowed three weeks' time to file counter affidavit. The petitioners will have one week thereafter to file rejoinder affidavit.
List immediately thereafter.
Order Date :- 8.12.2014
VKG
