RAJ BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Shri K.K. Kesharwani, holding brief of Shri Baleshwar Chaturvedi, learned counsel for respondent no. 2.

(2.) It is contended on behalf of the petitioner that he did not receive the copy of the provisional assessment notice and it came to his knowledge only after the recovery certificate was issued and, as such, he could not submit his reply and in absence whereof, the respondent treated it to be final and issued recovery certificate.

(3.) Learned counsel for the petitioner has invited our attention to the contents of the notice dated 04.07.2016 as well as the provisions contained under Clause 6.8(b)(1) of the U.P. Electricity Supply Code, 2005. The argument is that the respondent-corporation while issuing the provisional assessment notice was required to fix a date in the notice itself for hearing so that the consumer could appear before the authority concerned on the date so specified.