MUNNI LAL Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioner has filed the present Writ Petition under Article 226 of the Constitution of India, inter alia, praying for quashing the Demand Notice dated 29th October, 2010 (Annexurre 5 to the Writ Petition) issued by the Respondent No. 3 requiring the Petitioner to deposit an amount of Rs. 1,84,892/-.

(2.) It appears that checking was allegedly made in the premises of the Petitioner on 22nd October, 2010, and theft of electricity was allegedly detected. Copy of the Checking Report dated 22nd October, 2010 has been filed as Annexure 4 to the Writ Petition. The said Checking Report does not bear the signature of the consumer (Petitioner).

(3.) It further appears that a Notice dated 29th October, 2010 (appearing at page 26 of the Paper-Book of the Writ Petition) was sent to the Petitioner, inter alia, stating that an amount of Rs. 1,84,892/- was provisionally assessed against the Petitioner, and in case the Petitioner wanted to file any objections, the same be done within seven days of the issuance of the said Notice dated 29th October, 2010. A Demand Notice dated 26th October, 2010 (appearing at page 27 of the Paper-Book of the Writ Petition) under Section 3 of the U.P. Government Electrical Under-Taking (Dues Recovery) Act, 1958 was also enclosed with the said Notice dated 29th October, 2010. A Bill dated 26th October, 2010 (appearing at page 28 of the Paper-Book of the Writ Petition) showing the calculation in respect of the Provisional Assessment was also enclosed with the said Notice dated 29th October, 2010.