Jamshed Ali v. State of U.P. and 4 Others
Case brief
What is this about?
The Court dismissed the writ petition as not maintainable due to the availability of an alternative statutory remedy under the U.P. Electricity Supply Code, 2005. However, the Court granted a window of six weeks for the petitioner to approach the Consumer Grievance Redressal Forum without coercive action.
What did the court decide?
Stay on coercive action for six weeks if petitioner approaches Consumer Grievance Redressal Forum within two weeks; writ petition disposed of without adjudication on merits.
What the court decided
Court No. - 32
Case :- WRIT - C No. - 468 of 2020
Petitioner :- Jamshed Ali Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sunil Kumar Srivastava Counsel for Respondent :- C.S.C.,Chandan Agarwal
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
This writ petition has been filed, inter alia, for the following reliefs:
"Issue a writ, order or direction in the nature of certiorari to quash the order dated 15.12.2018 passed by respondent no. 5 (annexure no. 11 to this writ petition)."
Heard learned counsel for the petitioner, Sri Chandan Agarwal, learned counsel for the Electricity Department and perused the record.
At the very outset, learned counsel for the electricity department submitted that against the impugned order the petitioner has an alternative remedy to file a complaint under Clause 7.10 of the U.P. Electricity Supply Code, 2005 before the Consumer Grievance Redressal Forum for redressal of his grievance. But, instead of availing the said remedy the petitioner has chosen to file the present writ petition, which is not maintainable. Learned counsel for the petitioner has not been able to rebut the
contention so made by the learned counsel for the respondents.
Issues for consideration
2 issues framed by the court
Whether the writ petition is maintainable in the presence of an alternative statutory remedy available under the U.P. Electricity Supply Code, 2005.
Whether the petitioner should be afforded a window to approach the Consumer Grievance Redressal Forum before the benefits of suspension of coercive action are withdrawn.
Parties & counsel
- petitioner
Jamshed Ali
- respondent
State Of U.P.
Coram
Shashi Kant Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- WRIC/468/2020
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