MOOLCHAND SAINI Vs. STATE OF U.P. THROUGH SECRETARY, POWER CORPORATION AND OTHERS
LAWS(ALL)-2013-1-289
HIGH COURT OF ALLAHABAD
Decided on January 21,2013

Moolchand Saini Appellant
VERSUS
State Of U.P. Through Secretary, Power Corporation Respondents

JUDGEMENT

- (1.) The present Writ Petition has been filed by the petitioner, inter-alia, praying for quashing the Order dated 26.9.2012 (Annexure-9 to the Writ Petition) passed by the respondent No. 2). It appears that on 25.3.2011, Checking was made in the premises of the petitioner and theft of electricity was allegedly detected. Thereupon, Provisional Assessment dated 3.5.2011 was made in respect of the petitioner. The petitioner submitted Objection/Representation dated 30.5.2011. By the Order dated 7.7.2011, the petitioner was informed that his Objection/Representation dated 30.5.2011, against the Provisional Assessment, was rejected. The petitioner submitted a Representation dated 23.7.2011, inter alia, stating that the Order dated 7.7.2011 rejecting the Objection/ Representation of the petitioner had been passed without giving any opportunity of hearing to the petitioner. The petitioner filed a Writ Petition before this Court being Civil Misc. Writ Petition No. 50679 of 2011. The said Writ Petition was disposed of by this Court, by the Order dated 8.9.2011 directing the concerned respondent to consider and dispose of the Objection of the petitioner in accordance with law within the period mentioned in the said Order dated 8.9.2011.
(2.) It further appears that pursuant to the said Order dated 8.9.2011, the petitioner submitted a representation dated 26.9.2011 along with copies of his earlier Representations dated 30.5.2011 and 23.7.2011.
(3.) By the Order dated 26.9.2012, the Executive Engineer concerned (Respondent No. 2) decided the Representation submitted by the petitioner. The concerned Respondent No. 2 rejected the representation of the petitioner by the said Order dated 26.9.2012. The petitioner has, thereupon, filed the present Writ petition seeking the relies, as mentioned above.;


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