The Allahabad High Court, while allowing a petition, said that daily, the court is coming across cases where the Assessing Authority is issuing recovery certificates without there being any order of final assessment. It is not only causing harassment to the consumers, but is unnecessarily burdening the docket of the Court and is undermining the image of the Department.
The Division Bench of Justice Manoj Kumar Gupta and Justice Prashant Kumar passed this order while hearing a petition filed by Shani Yadav.
The petition has been filed challenging the recovery citation dated 11.11.2022 issued by respondent no 4 against the petitioner for recovery of a sum of Rs 4,03,692/- from her towards electricity dues, based on the recovery certificate issued by the respondent-Electricity Department.
On 18.4.2023, the following order was passed: –
“Counsel for the respondents is in receipt of instructions. He admits that there is no final order of assessment in existence. We require the second respondent to file his personal affidavit and show cause as to why this Court may not award exemplary damages against him and in favour of the petitioner for causing harassment to the petitioner in issuing the impugned recovery without there being any order of final assessment. Put up as fresh on 27.04.2023. In the meantime, no coercive action shall be taken against the petitioner in pursuance of the impugned recovery citation. Neeraj Kumar Tiwari, counsel for the respondent Electricity Department undertakes to communicate the instant order to respondent no 2 for due compliance.”
The Court noted that in compliance with the above order, the concerned Executive Engineer has filed his affidavit, in which he admits that there does not exist any order of final assessment. In his affidavit, he states that due to clerical mistake, the recovery certificate was issued. It is also stated that by letter dated 24.4.2023, it has been withdrawn.
Since the impugned recovery has already been withdrawn, but it had entailed unnecessary harassment to the petitioner, therefore the Court allowed the petition with a cost of Rs 20,000/- to be paid to the petitioner.
“We leave it open to the Department to realize the cost from the concerned officer. Registrar (Compliance) will communicate the instant order to the Managing Director of the concerned DISCOM so that the manner in which the officers of the Electricity Department are discharging their duties, comes to his notice and action as deemed necessary, is taken by him”, the order reads.