- (1.) The petitioner, a consumer of electricity has filed this writ petition challenging the recovery proceedings initiated against him vide citation dated 19/11/2013, for recovery of electricity dues amounting to Rs.8,49,173/- which electricity dues have been assessed by the respondent no.4 on the basis of checking report dated 08/3/2011, of the petitioner's premises.
(2.) Counter and rejoinder affidavits have been exchanged between the parties, and with the consent of the learned counsel for the parties, the writ petition is being finally decided.
(3.) Brief facts which emerge from pleadings of the parties are: The petitioner had obtained an electric connection. On 08/3/2011, a checking was conducted at the petitioner's premises and in the checking the petitioner was found indulging in theft of electricity through L.T. Lines without meter. The petitioner was found utilising electricity for commercial purpose. An F.I.R. was lodged against the petitioner on 08/3/2011, under Section 135 of the Electricity Act, 2003 (hereinafter called the "Act, 2003"). On the basis of the F.I.R. lodged, a charge-sheet was submitted and Case Crime No.53/2011, was registered against the petitioner which is pending trial in Case No.42/2011 before the Special Judge, E.C. Act, Allahabad. A provisional assessment notice dated 23/5/2011, proposing an assessment of Rs.8,49,173/- against the petitioner was sent to the petitioner by registered post. A final assessment order dated 21/6/2013, has been issued to the petitioner by the Executive Engineer observing that since the petitioner did not file any objection against the provisional assessment dated 23/5/2011, the assessment is being finalised. A citation dated 19/11/2013, has been issued against the petitioner for recovery as arrears of land revenue of the aforesaid amount, against which the writ petition has been filed by the petitioner.;