M/S Fast Construction v. State of U P and 2 Others
Case brief
What is this about?
This petition sought restoration of an electricity connection and protection from coercive proceedings. The Court held the matter requires department scrutiny under Electricity Supply Code, 2005 due to alleged billing errors.
What the court decided
Court No. - 1
Case :- WRIT - C No. - 23649 of 2019
Petitioner :- M/S Fast Construction Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Akhilesh Singh,Saurabh Yadav Counsel for Respondent :- C.S.C.,Rajesh Kumar Sachan
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Shivam Yadav, Advocate, holding brief of Sri Saurabh Yadav appearing for the petitioner and Sri Gyanendra Kumar, Advocate, holding brief of Sri Rajesh Kumar Sachan, appearing for respondent nos. 2 and 3.
We have perused the record.
By means of this writ petition, the petitioner has prayed for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.3 to restore the electricity connection of the petitioner forthwith which has been disconnected on 10.07.2019 despite payment of up-to-date bills;
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 & 3 not to initiate any coercive proceedings against the petitioner."
Issues for consideration
3 issues framed by the court
Whether electricity connection can be restored immediately upon dispute regarding bill calculation or does it require departmental scrutiny under Electricity Supply Code, 2005?
Whether a consumer can avail remedy of making deposit under self-assessment to seek restoration of connection while objection is pending?
Whether respondents are obligated to provide complete assessment order and bills to the petitioner?
Parties & counsel
- petitioner
M/S Fast Construction
- respondent
State Of U P
- respondent
Respondent No. 2
- respondent
Respondent No. 3
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- WRIC/23649/2019
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