Shuhani Singh Public School v. State of U P and 3 Others
Case brief
What is this about?
The High Court dismissed the writ petition challenging a final assessment notice for electricity theft. The Court held it lacks jurisdiction to grant installment relief, directing the petitioner to file an appeal under Section 127 of the Electricity Act, 2003, subject to maintaining the requisite deposit.
What did the court decide?
Writ petition disposed of; petitioner directed to appeal under Section 127 of the Electricity Act, 2003 within three weeks, adhering to deposit requirements.
What the court decided
Court No. - 39
Case :- WRIT - C No. - 30104 of 2022
Petitioner :- Shuhani Singh Public School Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Madan Singh Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the parties.
Challenge is to the final assessment notice on the premise that the petitioner herein is ready and willing to pay the entire assessed amount in easy installments and the said request made by the petitioner has been rejected by the Executive Engineer concerned. The demand against the petitioner is around Rs.1,31,000/- and odd.
This Court, in the writ petition under Article 226 of the Constitution of India, cannot fix installments in the matter of theft of electricity.
It is open for the petitioner to file an appeal by invoking Section 127 of the Electricity Act, 2003. In case, the petitioner files such an appeal alongwith certified copy of this order within three weeks, the Appellate Authority shall consider the same and decide on merits without raising any objection as to the delay in filing of the same.
However, the requirement of deposit has not been dispensed with by this Court and it is made clear that requirements be adhered to maintain the appeal.
Issues for consideration
2 issues framed by the court
Whether the High Court can fix installments in a theft of electricity case while disposing of a writ petition.
Whether the requirement of deposit can be dispensed with when invoking an appeal under Section 127 of the Electricity Act, 2003.
Parties & counsel
- petitioner
Shuhani Singh Public School
- respondent
State Of U P
- respondent
3 Others
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- WRIC/30104/2022
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