IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (MS) No. 310 of 2010 Mohd. Adil …Petitioner Versus Uttarakhand Power Corporation and others …Respondents Mr. Prabha Naithani, learned counsel for the petitioner. Mr. B.D. Upadhyay, learned counsel for the respondents. Dated 12th March, 2010 Hon’ble Nirmal Yadav, J. Heard learned counsel for the parties. Learned counsel for the petitioner contends that no opportunity of hearing was given to the petitioner while passing the order dated 05.03.2010 by the respondent no. 1. On the other hand Mr. B.D. Upadhyay, learned counsel for the respondents states that notice dated 05.03.2010 (contained in Annexure-5 to the writ petition) has already been issued and the petitioner has been given opportunity of hearing within 15 days of the issuance of notice with regard to the provisional assessment. Having heard learned counsel for the parties and keeping in view of the fact that no notice was given to the petitioner before issuing provisional assessment, the respondents are directed not to make recovery till the final order is passed and the opportunity of hearing is given. With the aforesaid direction, the writ petition is finally disposed of. (Nirmal Yadav, J.) VKG 12.03.2010