Court dismissed writ petition seeking quashing of electricity recovery orders. Directed petitioner to approach Executive Engineer for a hearing as per Electricity Supply Code, keeping recovery in abeyance pending those proceedings.
Petition disposed; direction to appear before Executive Engineer on 13.02.2019; recovery in abeyance.
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Court No. - 39
Case :- WRIT - C No. - 3921 of 2019
Petitioner :- Dr. Anoop Awasthi Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Babu Lal Ram,Sushil Kumar Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble B. Amit Sthalekar,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Babu Lal Ram, learned counsel for the petitioner, Sri Ajay Krishan, Advocate holding brief of Sri Baleshwar Chaturvedi, learned counsel for the respondents no.4&5 and the learned Standing Counsel for Respondents no. 1, 2 and 3.
The petitioner in the writ petition is seeking quashing of the recovery citation dated 24.09.2018 as well as recovery order dated 11.12.2018 whereby a sum of Rs. 6,93,708/- is sought to be recovered from the petitioner towards electricity dues.
The case of the petitioner is that his wife is running a Nursing Home in which an inspection was conducted by the team of Electricity Department. Thereafter a First Information Report was lodged in which charge-sheet has also been submitted by the Police.
The contention of the petitioner is that the electricity connection is in the name of his wife Dr. Ruchi Singh whereas the recovery citation has been issued against him.
Since this is the matter of theft, in our opinion, the petitioner has a remedy under Clause 6.8 of the Electricity Supply Code, 2005 by approaching the Executive Engineer, Dakshinanchal Vidhyut Vitran Nigam Ltd., Jalaun-respondent no.5.
This writ petition is, therefore, disposed of with a direction that if the petitioner appears before the respondent no. 5-Executive Engineer, Dakshinanchal Vidhyut Vitran Nigam Ltd., Jalaun on 13.02.2019 at 11:00 a.m. along with certified copy of this order as well as his representation/objection, the respondent no.5 shall hear the petitioner and decide the representation/objection of the petitioner, in accordance with law, within a further period of fifteen days.
Subject to the petitioner complying with the direction given hereinabove, the recovery in pursuance of the recovery citation dated 24.09.2018 and order dated 11.12.2018 shall remain in
abeyance and shall be subject to any final order which may be passed by the respondent no.5.
It is made clear that the court has not adjudicated the claim of the petitioner on merit.
Order Date :- 5.2.2019 JK Yadav
1 issue framed by the court
Whether in matters of electricity theft dues, a writ petition is maintainable or remedies under the Electricity Supply Code must be exhausted.
Dr. Anoop Awasthi
State Of U P
Electricity Department
Dakshinanchal Vidhyut Vitran Nigam Ltd.
Other Respondents
B. Amit Sthalekar
Manju Rani Chauhan
As recorded by the court registry
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