Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
WPMS No.958 of 2026 Mukesh Kumar
…………Petitioner Vs. State of Uttarakhand and others ……….Respondents
Hon’ble Pankaj Purohit, J.
Mr. Saurabh Kumar Pandey, learned counsel for the petitioner.
2. Mr. Suyash Pant, learned S.C. for the State/respondent nos.1 and 3.
3. Ms. Devika Tiwari, learned counsel for respondent nos.2 and 4.
4. By means of the present writ petition, the petitioner has challenged the assessment notice dated 28.10.2024, annexure no.2 to the writ petition, issued by respondent-U.P.C.L. under the hand of respondent no.4.
5.
Learned counsel for respondent-U.P.C.L. submitted that the assessment notice is not a notice rather it is provisional assessment on which reply of the petitioner was sought.
6. Petitioner has submitted his reply to the respondent- U.P.C.L. on 06.11.2024 and that reply is under consideration and after consideration of the reply submitted by the petitioner, the final assessment order would be passed under Section 126(5) of the Electricity Act, 2003. The final assessment is appealable under Section 127 of the Electricity Act, 2003, before the Appellate Authority, therefore the counsel for the respondent-U.P.C.L. submits that writ petition is premature and has wrongly been filed.
7.
Learned counsel for the petitioner, at this stage, submits that the petitioner shall file a fresh reply to the provisional assessment to respondent-U.P.C.L. and that may be directed to be considered expeditiously.
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8. Having heard learned counsel for the parties and having gone though the provision of the law as well as the writ petition this Court is of the view that the petitioner should have waited for his reply to be considered by the respondent- U.P.C.L.
9. In such view of the matter, the writ petition is finally
disposed of and it is provided that the petitioner shall file a fresh reply to the provisional assessment dated 28.10.2024 within a period of ten days’ from today and if such a reply is received in the Office of respondent-U.P.C.L., the respondent- U.P.C.L. shall take a decision thereupon expeditiously.
(Pankaj Purohit, J.)
22.04.2026 SK