Allowed

Smt.Vimlesh v. State of U.P. and 2 Others

Allahabad HC9 Oct 2018WRIC/33967/2018

Case brief

AI extract

What is this about?

The High Court, in a writ petition concerning electricity dues, directed the Executive Engineer to accept a deposit of Rs.81448/- and grant a permanent connection within 30 days, resolving the dispute by outlining the payment procedure.

What did the court decide?

Direction to respondent to accept Rs.81448/- deposit, grant permanent connection within 30 days, and permit appeal under Sec. 127 Elec. Act, 2003.

Smt.Vimlesh Vs State of U.P. and 2 Others — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 39

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Case :- WRIT - C No. - 33967 of 2018

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Petitioner :- Smt.Vimlesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogesh Kumar Mishra Counsel for Respondent :- C.S.C.,Ajay Kumar

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Hon'ble B. Amit Sthalekar,J. Hon'ble Surya Prakash Kesarwani,J.

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Heard Sri Yogesh Kumar Mishra, learned counsel for the petitioner, Sri Ajay Kumar, learned counsel for respondent Nos. 2 and 3 and learned standing counsel for respondent no.1.

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In this writ petition, the petitioner has come with the prayer that the respondents may be directed to accept the amount of Rs.81448/- out of Rs.293448/- in terms of the order dated 3.11.2017 passed by respondent No.3 towards electricity dues and also for a direction to the department to issue a Permanent Disconnection of Electricity Connection No.7340240000.

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Admittedly, against the outstanding dues the petitioner preferred an appeal No.52 of 2013 (Smt. Vimlesh v. Executive Engineer) and an order dated 3.11.2017 was passed by the Executive Engineer, pointing out that if the petitioner was granted the relaxation of Rs.56132/- towards interest for the month of October, 2017, the outstanding amount would be Rs.293448/-.

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It is submitted by the petitioner that as of date the petitioner has deposited a sum of Rs.2,12,000/- through two cheques, one of Rs. 1,90,000/- dated 25.8.2018 and another of Rs. 22,000/27.8.2018. Her contention is that if this amount of Rs. 2,12,000/- is deducted from the amount of Rs.293448/-, she may be permitted to deposit the remaining amount of Rs.81448/- and permanent connection may be granted to the petitioner.

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Sri Ajay Kumar submits that the temporary connection was granted to the petitioner in February, 2018, and the bill from November 2017 to February, 2018, would be liable to be paid by the petitioner along with interest till the entire dues are cleared.

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In our opinion, this is a matter for which statement of account and bill may be given by the respondent Nos. 2 and 3 to the petitioner, which she may clear within such further time, as may be granted by the respondents. We, therefore, direct the Executive Engineer, Pashchimanchal Vidyut Vitaran Nigam

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Ltd., Meerut, respondent No.3, that if the petitioner deposits the amount of Rs.81448/- with the Executive Engineer, respondent No.3 within 30 days from today, the respondent no.3 shall accept the amount through cross cheque and permanent connection may be granted to her and if there still exists any dispute with regard to the amount to be paid, it will be open to the petitioner to file an appeal against the same under Section 127 of the Electricity Act, 2003.

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The writ petition is disposed of.

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Order Date :- 9.10.2018 Ak/

Smt.Vimlesh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Smt.Vimlesh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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