Single Bench allowed the writ petition granting time for an adjourned hearing before a final order under the Electricity Act 2003. The court stayed coercive action pending representation.
Stayed coercive action for seven weeks; directed petitioner to appear before the Executive Engineer with objections within the stipulated time.
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. - 32
Case :- WRIT - C No. - 266 of 2020
Petitioner :- Amrish George Frederick Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shams Uz Zaman Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
This writ petition has been filed, inter alia, for the following relief:
" I. Issue a writ, order or direction in the nature of Certiorari quashing the recovery citation dated 14.11.2019 issued by the Respondent No. 4. "
Heard the learned counsel for the petitioner and Mr. Mahboob Ahmad, learned counsel for the electricity department and perused the record.
Learned counsel for the petitioner has submitted that the respondents are taking coercive action against the petitioner without giving any opportunity of hearing and without following the provisions contained under the U.P. Electricity Supply Code 2005.
Considering the facts and circumstances of the case and taking a lenient view in the matter, we direct the petitioner to appear on 28.1.2020 at 11.00 A.M. before the Respondent No. 5, Executive Engineer along with his objection/representation and adduce his evidence, if any, in support of his contention. The Respondent No. 5, thereafter, shall pass a final order by a speaking and reasoned order after considering the objections of the petitioner as well as the contention raised by the petitioner within a period of four weeks thereafter.
For a period of seven weeks from today or till the disposal of the representation/objection, whichever is earlier, no coercive action shall be taken against the petitioner. In case of default in filing the objection/representation, as indicated herein above, the present interim order shall stand vacated automatically.
In case the petitioner is aggrieved with the final order, if any, passed against the petitioner, it will be open for the petitioner to file an appeal before the concerned authority under Section 127 of the Electricity Act, 2003 in accordance with law.
It is made clear that in case the petitioner does not appear on the
said date fixed, the impugned recovery citation shall stand revived automatically.
With the above observations, the writ petition stands disposed of.
Order Date :- 10.1.2020
vinay
1 issue framed by the court
Whether the recovery action without prior hearing violates the Electricity Supply Code 2005?
2 provisions across 2 enactments
Amrish George Frederick
State Of U.P.
Shashi Kant Gupta
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
