Ashok Jaiswal v. State of U.P. and 5 Others
Case brief
What is this about?
Ashok Jaiswal v. State of U.P. and others, WRIT - C No. 1641 of 2020, decided 18.1.2020 by Shashi Kant Gupta and Piyush Agrawal, JJ. Challenge to electricity recovery citation dated 30.8.2019 (Rs. 2,08,852/-) alleging denial of hearing and breach of U.P. Electricity Supply Code 2005. Petition disposed of with directions: appearance with objections before Executive Engineer (Respondent No. 4) on 5.2.2020; final speaking and reasoned order within four weeks; seven-week stay on coercive recovery; automatic vacation of interim order on default; automatic revival of recovery citation on non-appearance; appeal under Section 127 of the Electricity Act, 2003 preserved. Keywords: recovery citation, provisional bill, inspection report, opportunity of hearing, speaking order, Executive Engineer, Electricity Act 2003.
What did the court decide?
Interim protection from coercive recovery for seven weeks or till disposal of the objection, whichever is earlier; petitioner directed to appear before Respondent No. 4, Executive Engineer on 5.2.2020 with objections and evidence; Respondent No. 4 to pass a final speaking and reasoned order within four weeks; right of appeal under Section 127 of the Electricity Act, 2003 preserved; recovery citation to revive automatically if petitioner defaults.