ANJUM FAIZA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner is a resident of Dehradun. She took domestic electricity connection for her home from the respondent Department. Respondent Department checked the meter and found that there was tempering with the meter. Petitioner informed the respondent Department that one Waseem came to her home and did all the mischief. Respondent department lodged an FIR for theft. Petitioner denied the charges of theft. Respondent Department sent a provisional assessment of Rs.51,360.00 to the petitioner. Petitioner filed objection to the provisional assessment on 17/6/2017. Till date, final assessment order has not been passed but respondent Department disconnected the electricity and sent a demand notice under Sec. 3 of the Uttar Pradesh Government Electrical Undertaking (Dues Recovery) Act, 1958. Feeling aggrieved, petitioner approached this Court.

(2.) Heard Mr. (Dr.) K. H. Gupta, Advocate for the petitioner, Mr. Gajendra Tripathi, Brief Holder for the State of Uttarakhand, Mr. N.S. Pundir, Advocate for respondent no. 2 and Mr. M.S. Bhandari, Advocate holding brief of Mr. Pankaj Purohit, Advocate for respondent no. 6.

(3.) Mr. K.H. Gupta, Advocate for the petitioner submits that a demand notice was issued without passing final assessment order. Further, he has placed reliance on the judgment rendered by this Court in the case of Hotel the Amaris Vs. State of Uttarakhand and others reported in 2015 (2) UD 183 whereby this Court held that personal hearing is must before passing final assessment order.