The court dismissed a writ petition challenging non-payment of electricity dues and subsequent auction. It held that criminal trial pendency does not stop recovery and an alternative appeal remedy under Section 127 of the Electricity Act exists.
The writ petition is dismissed as it is mis-conceived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 38
Case :- WRIT - C No. - 2904 of 2019
Petitioner :- Sudhir Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Virendra Kumar Jaiswal Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari
Hon'ble Abhinava Upadhya,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for the Staterespondents and Sri N.K.Tiwari, learned counsel appearing for respondent no.5.
Pursuant to the recovery of electricity dues notices were given to the petitioner but the petitioner failed to deposit the same and, therefore, the petitioner's property put to auction for which a date was fixed as 14.1.2019. What happened with regard to the said auction has not been stated by the petitioner in the writ petition. That apart, against the electricity dues the petitioner has remedy of filing an appeal under Section 127 of the Electricity Act.
So far as the pendency of criminal trial is concerned, that cannot be a reason to stop recovery of electricity dues. In case, the petitioner is aggrieved by any order with regard to recovery of electricity dues, the petitioner can approach the appellate authority under Section 127 of the said Act.
In view of the alternative remedy available to the petitioner, we are not inclined to interfere in the writ petition.
The writ petition is mis-conceived and it is, accordingly, dismissed.
Order Date :- 29.1.2019 SKM
(Dr.Y.K.Srivastava,J.) (Abhinava Upadhya,J.)
1 issue framed by the court
Whether pendency of criminal trial can be a reason to stop recovery of electricity dues.
1 provisions across 1 enactments
Sudhir Pandey
State Of U.P.
Abhinava Upadhya
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
