2025:UHC:10215 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PMS 1 3 1 8 / 2 0 2 3 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Avidit Noliyal, Advocate, for the petitioner. Mr. Suyash Pant, Standing Counsel, for the State. Mr. Tapan Singh, Advocate, for the UPCL. (2) Petitioner is challenging a notice issued on 13.1.2023 by the Executive Engineer, Electricity Distribution Division, Jaspur, Udham Singh Nagar. By the said notice, petitioner was asked to deposit ₹35,528/ - towards unauthorised use of electricity. In the impugned notice, it is mentioned that if petitioner intends to file any written objection, then he may do so within seven days from the date of receipt of notice, failing which the assessment made by the UPCL shall be deemed to be final. Learned Counsel for the respondent is, therefore, right in subm itting that the representation made by the petitioner, after expiry of seven days, cannot be considered and if petitioner so chooses, then he can file appeal before District Magistrate under Section 127 of the Electricity Act. (3) This Court finds substance in the submission made by learned Counsel for the UPCL. Petitioner still has remedy of filing appeal. This Court cannot go into the question whether the use of electricity by the petitioner was unauthorised or authorised. There would be various other disputed questions of fact, which would have to be adjudicated upon. Therefore, District Magistrate alone would be the 2025:UHC:10215 appropriate authority for deciding the dispute. (4) Writ petition is, accordingly, disposed of by perm itting the petitioner to file appeal before the District Magistrate within ten days from today. If petitioner files appeal within stipulated tim e, the same shall be heard and decided on merits. ( Man oj Ku m ar Tiw ar i, J.) 1 8 .1 1 .2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.11.18 17:40:12 +05'30' 2025:UHC:10215