VIMLA TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the Court proceeds to decide the matter finally at this stage under the Rules of the Court.

(2.) Smt. Vimla Tiwari, Wife of Shri Bhaironath Tripathi has come to this Court in this writ petition under Article 226 of the Constitution of India aggrieved by order dated 28.12.2011 passed by Appellate Authority under Section 127 of Electricity Act, 2003 (hereinafter referred to as "Act 2003") rejecting petitioner's appeal against assessment order dated 08.6.2010 made by Assessing Authority namely Executive Engineer, Electricity Urban Distribution Division, Rambagh, Allahabad (hereinafter referred to as "Assessing Authority").

(3.) Sri P.K.Rai, learned counsel for the petitioner submitted that no checking was ever made at petitioner's premises and a fictitious report was prepared whereupon entire proceedings have been initiated and impugned orders have been passed. The petitioner has throughout taken this stand but respondents have not at all cared to look into the grievance of the petitioner and on a forged and fictitious document prepared by respondents electricity supplier, impugned orders have been passed imposing a huge financial liability upon the petitioner. It is said that meter in question was installed at petitioner's premises and remained intact as it is. This fact she reiterated in her reply supported by affidavit filed before Assessing Authority, copy whereof has been filed as Annexure 8, but the respondents have not paid any heed to the said statement and instead have proceeded with the impugned assessment proceedings. The entire proceedings, therefore, are malicious in law and only to harass the petitioner for the reasons other than bona fide.