IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1212 of 2010 (M/S) Sandeep ………..Petitioner Versus Uttarakhand Power Corporation Ltd. & another …….Respondents Shri Mohinder Singh Bisht, learned counsel for the petitioner. Shri Lok Pal Singh, learned counsel for the respondents. Dated: 15th July, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present petition has been filed by the petitioner for quashing the impugned recovery notice dated 16.01.2010 issued by respondent no.2. Further prayer has been made for a direction to the respondents not to initiate recovery proceedings against the petitioner in pursuance of notice dated 16.01.2010, till the pendency of the present writ petition. Brief facts of the case, as narrated in the writ petition, are that the petitioner is a permanent resident of village Dhadeki Dhana, Tehsil Laksar, District Haridwar and having its own residence. In the residence of the petitioner there is an electricity connection. On 20.04.2009 when the petitioner was not present at his home, the Junior Engineer of the respondents department alongwith other officials of the Uttarakhand Power Corporation Ltd., visited the house of the petitioner and alleged that the petitioner is using electricity by way of an illegal connection through cable from the L.T. Line. The petitioner came to know that 2 the respondents have lodged F.I.R. u/s 135 of Electricity Act on 20.04.2009. It is also stated in the writ petition that though the petitioner has continuously paid the amount of bill of electricity connection raised by the respondents but on 16.01.2010, the respondents issued recovery citation dated 16.01.2010 against the petitioner for recovery of amount of Rs.1,43,178/-. The only ground raised in the writ petition, is that before issuing recovery citation, no opportunity of hearing of was given to the petitioner and in view of this fact demand notice is illegal. Learned counsel for the petitioner submitted that infact demand notice was never served on the petitioner, due to which he could not reply the same and put up this case. During the course of arguments, the parties agreed that final order be passed in the following manner: (i) The petitioner is permitted to file his representation against the Annexure 3 within a period of 2 weeks from today before the respondent no.2 i.e. Executive Engineer, Uttarakhand Power Corporation Ltd., Electricity Distribution Division, Mayapur Haridwar. (ii) At the time of filing of his representation, the petitioner will also deposit Rs.15,000/-. (iii) In case such representation is filed, the same shall be decided within a period of 15 days. (iv) Till the decision is taken on the representation of the petitioner, no coercive adverse steps shall be taken against the petitioner. With these directions, the writ petition is disposed of. Stay application no.5677 of 2010 also stands disposed of. (V.K. Bist, J.) Arpan 15.07.2010