Hirendra Mandal vs State Of Uttarakhand And Others
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Uttarakhand High Court

Hirendra Mandal vs State Of Uttarakhand And Others on 24 March, 2026

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                                                                   2026:UHC:2065
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                                 WPMS No.650 of 2026
                                 Hirendra Mandal                                        .........Petitioner
                                                        Vs.
                                 State of Uttarakhand and others .......Respondents
                                                        With
                                 WPMS No.689 of 2026
                                 WPMS No.690 of 2026
                                 WPMS No.691 of 2026

                                 Hon'ble Pankaj Purohit, J.

Ms. Shivangi Gangwar and Dr. Neha Gupta, learned counsel for the petitioner(s).

2. Mr. Jayvardhan Kandpal, learned S.C. for the State.

3. Mr. Dharmendra Barthwal, learned counsel for the respondent-U.P.C.L.

4. Since these writ petitions have the common facts and law involved, therefore, they are being decided by this common judgment and order and for the sake of convenience the facts of WPMS No.650 of 2026 are only being considered.

5. This writ petition has been filed by the petitioner challenging the provisional assessment notice dated 07.08.2024, passed by respondent no.4-Executive Engineer, Electricity Distribution Division, Rudrapur, whereby the petitioner was called upon to deposit the amount of electricity dues pending against him.

6. Learned counsel for the respondent-U.P.C.L. raised a preliminary objection saying that the provisional notice automatically turned to assessment notice under Section 126(3) of The Electricity Act, 2003, (hereinafter referred to as "Act of 2003") within a period of 30 days. Against the said assessment notice an Appeal is provided under Section 127(1) of the Act of 2003 within 30 days before the District Magistrate.

2026:UHC:2065

7. This Court perused the provisions of Section 127(1) of the Act of 2003. The respondent's counsel is thus right in saying that there is statutory Appeal provided under Section 127(1) of the Act of 2003.

8. In such view of the matter, all these writ petitions stand disposed of finally with a liberty to the petitioner(s) to prefer a statutory appeal before the Authority i.e., District Magistrate, Udham Singh Nagar.

9. The points raised by the counsel for the petitioner(s) before this Court shall be open to be deliberated before the Appellate Authority.

10. Let a certified copy of this order be supplied to the learned counsel for the parties, today itself, on payment of usual charges.

(Pankaj Purohit, J.) 24.03.2026 SK