Put up in National Lok Adalat.

Learned counsel Smt. Shashi Yogeshwar alongwith an associate Smt. Jyotsana Pant for the appellant has appeared, whereas an associate Sh. Praveen Kumar of senior counsel Sh. Shreegopal Narson for respondent has also appeared alongwith Sh. Anwar Jamal Kazmi - respondent.

Today Electricity Department has submitted an application (paper No. 63) alongwith some papers (paper Nos. 64 to 66) alleging that the respondent had deposited the assessment amount with receipt No. 70/0027 on dated 02.08.2023 and in the light of such payment, the case pending in District Commission must be dismissed and no execution will be filed by the respondent, therefore, this Commission be pleased to decide the case in the light of the amount deposited and the statutory amount deposited by the appellant be refunded to the appellant.

The above application is not opposed by the respondent, who has appeared in person. Respondent has put a note on the above said application that the respondent is not interested to file any appeal or any execution proceedings further in regard to this matter. 

As the assessment amount has already been deposited by the respondent and the impugned judgment appears to be not in accordance with law, hence, it is liable to be set aside. Because the raid cash has already been deposited by the respondent in the Electricity Department and in the light of the above application, the appeal is allowed and the impugned judgment is hereby set aside. As per the averment of the respondent, he shall not file any execution proceedings against the Electricity Department in this matter.

No order as to costs of the appeal.

Statutory amount, if any, deposited by the appellant be returned to the appellant as per rules.  

File be consigned to the record room alongwith copy of this order.

A copy of this order be sent to the District Commission concerned for perusal and necessary information.