HARI NATH YADAV Vs. STATE OF U P AND 04 OTHERS
LAWS(ALL)-2018-3-266
HIGH COURT OF ALLAHABAD
Decided on March 14,2018

HARI NATH YADAV Appellant
VERSUS
State Of U P And 04 Others Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioner, Sri Mahboob Ahmad, learned counsel for the respondents no. 2, 3 and 4 and learned Standing Counsel for the State.
(2.) By means of this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the impugned demand notice dated 26.04.2017 issued by the respondents.
(3.) It is contended on behalf of the petitioner that since she did not receive the copy of the provisional assessment notice, as such she could not submit her reply and in absence whereof the respondent treated it to be final and issued recovery certificate. Learned counsel for the petitioner states that the petitioner will submit objection to the provisional assessment within two weeks from today. Learned counsel appearing for the petitioner has also invited our attention towards 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.;


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