Krishna Kumar Singh vs State Of U.P. Thru.Prin. Secy., Energy, ...
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Allahabad High Court

Krishna Kumar Singh vs State Of U.P. Thru.Prin. Secy., Energy, ... on 21 November, 2024

Author: Rajan Roy

Bench: Rajan Roy

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:77075-DB
 
Court No. - 2
 
Case :- WRIT - C No. - 4115 of 2023
 
Petitioner :- Krishna Kumar Singh
 
Respondent :- State Of U.P. Thru.Prin. Secy., Energy, Lko. And 2 Others
 
Counsel for Petitioner :- Dileep Kumar Yadav,Sunil Kumar Srivastava
 
Counsel for Respondent :- C.S.C.,Aprajita Bansal
 

 
Hon'ble Rajan Roy,J.
 

Hon'ble Brij Raj Singh,J.

Heard.

By means of this petition, the petitioner has sought the following reliefs:-

"(i) A writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 06.12.2022 (provisional assessment) issued by the Executive Engineer, Madhyancha Vidhyut Vitran Nigam Limited, Lucknow, Vidyut Vitran Khand-B.K.T. LESA Lucknow and entire recovery proceeding thereof, as contained Annexure No. 1 to this writ petition.

(ii) A writ, order or direction in the nature of mandamus commanding the opposite parties not to cut the electricity connection of the petitioner during final outcome of dispute / fresh enquiry."

Ms. Gursimran Kaur, Advocate holding brief for Ms. Aprajita Bansal, learned Counsel for the Electricity Corporation invites our attention to Annexure No. 1 to submit that this is a notice / provisional assessment order under Section 126 of the Electricity Act, 2003 to which the petitioner has filed a response but no final assessment order has been passed as yet.

If it is so, then let a final assessment order be passed by the competent authority at the earliest say within a period of six weeks, in view of the judgment of this Court dated 15.07.2021 passed in Writ Petition bearing number 14296 (M/B) of 2021.

Consequences to follow accordingly as per law.

It is made clear that no proceedings for recovery can be initiated nor the petitioner can be harassed for such recovery merely based on provisional assessment order, unless and until, there is a final assessment order which is passed and served upon the petitioner through the modes prescribed.

Subject to the above, the writ petition is disposed of.

Order Date :- 21.11.2024/Lokesh Kumar

[Brij Raj Singh, J.] [Rajan Roy, J.]