Petitioner challenged a demand notice for recovery of theft of electricity. Court held that objections must be decided by the respondent following statutory procedure before recovery.
Petition disposed by directing respondent No. 2 to decide the petitioner's objections in accordance with law before recovering the amount.
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Court No. - 21
Case :- WRIT - C No. - 1201 of 2023
Petitioner :- Surendra Kumar Khanna Respondent :- State of U.P. and Another Counsel for Petitioner :- Mohd. Azam Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Manoj Kumar Gupta,J. Hon'ble Vikram D. Chauhan,J.
The petitioner has challenged the demand notice dated 26.07.2022 issued by the Executive Engineer, Vidyut Vitaran Khand First (Pashimachal Vidhut Vitran Nigam) Rampur, for recovery of a sum of Rs. 1,48,088/- from the petitioner in a case of theft of electricity.
The petitioner is stated to have filed objection against the same on 10.08.2022 and prays that the same be directed to be decided.
Sri Pranjal Mehrotra, learned counsel for the respondents states that before proceeding to recover the amount, respondent No. 2 will decide the objections by following the procedure prescribed under the Electricity Supply Code, 2005.
Accordingly, the petition is disposed of by providing that the objections filed by the petitioner shall be decided by respondent No. 2, in accordance with law before proceeding to recover any amount from him.
(Vikram D. Chauhan, J.) (Manoj Kumar Gupta, J.)
Order Date :- 25.1.2023 Ruhi
Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether the objection filed by the petitioner against a demand notice for recovery of theft of electricity amount should be decided before proceeding to recovery.
Surendra Kumar Khanna
State of U.P.
Vidyut Vitaran Khand First
Manoj Kumar Gupta
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
