High Court of Judicature at Allahabad
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Arihant Exports Pvt. Ltd. v. U.P. Power Corpn. Ltd. & Another - WRIT - C No. 42813 of 2002  RD-AH 41 (21 September 2002)
Hon'ble Yatindra Singh,J.
Assessment of electricity dues was made against the petitioner on 5.2.1998. The petitioner filed an appeal which was dismissed on 20.7.1999. Then he filed a review application which was dismissed on 29.11.1999. Thereafter notice had been given to the petitioner on 23.9.2002 to deposit the amount in pursuance of appellate order, hence, the present writ petition.
We have heard counsel for the petitioner and Sri V.S. Misra for the respondents.
The counsel for the petitioner submits that assessment of the electricity was made against theft and he had been acquitted in the criminal case on 6.5.2003 and as such the notice should be discharged.
The petitioner has not challenged the appellate order dated 20.7.1999 or the order dated 29.11.1999 dismissing review application. He has merely challenged the notice dated 23.9.2002. This writ petition is not maintainable unless the orders dated 20.7.1999 and 29.11.1999 are challenged.
In view of this the writ petition is dismissed. It will, however, be open to the petitioner, that, if so advised, he may file fresh writ petition challenging the orders dated 20.7.1999 and 29.11.1999 or may file a representation before the appellate authority.
With these observations the writ petition is dismissed.
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