Single judge dismissed this writ petition challenging a recovery certificate and a disputed electricity bill as the petitioner has an alternative remedy available to approach the Corporation under the U.P. Electricity Supply Code, 2005.
None; writ petition dismissed.
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Court No. - 39
Case :- WRIT - C No. - 21948 of 2020
Petitioner :- Makhan Lal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, Shri Baleshwar Chaturvedi, learned counsel appearing on behalf of respondent No. 2 and learned Standing Counsel representing the State.
The instant writ petition has been filed seeking the following relief:
"(a) issue, a writ, order or direction in the nature of certiorari quashing the recovery certificate dated 21.01.2020 issued by respondent No.3, District Magistrate, Mainpuri.
(b) issue, a writ, order or direction in the nature of mandamus directing to the respondent authorities to correct the disputed bill in under clause 6.5 U.P. Electricity Supply Code 2005 and provide the correct bill of the petitioner.
(c) issue, a writ, order or direction in the nature of mandamus to permit to the petitioner for deposit the amount in easy installments."
At the outset learned counsel for the petitioner has disputed the amount as indicated in the recovery citation.
Learned counsel appearing on behalf of the respondent-Corporation submits that the petitioner has an alternative remedy to approach respondent No. 2 under Clause 6.14 of the U.P. Electricity Supply Code, 2005. The respondent No. 2 shall consider the grievance of the petitioner and shall issue appropriate direction at the earliest.
In view of availability of alternative, the writ petition is dismissed.
Order Date :- 7.1.2021 Ishrat
2 issues framed by the court
Whether the writ petition challenging the recovery certificate and disputing the electricity bill can be allowed dispite availability of alternative remedy.
Whether the matter can be decided by directing the petitioner to exhaust the appeal against the bill under the Electricity Supply Code.
Makhan Lal
State Of U.P.
Unnamed Respondent No. 2
Unnamed Respondent No. 3
Naheed Ara Moonis
Dinesh Pathak
As recorded by the court registry
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