Dismissed

Umang Agrawal v. Managing Director Purvanchal Vidyut Vitran Nigam Ltd. and 2 Others

Allahabad HC24 Jul 2023WRIC/18965/2023

Case brief

AI extract

What is this about?

The petitioner challenged a letter ordering reconnection of electricity supply and demanding final assessment. The respondents submitted that a fresh notice for final assessment was issued, rendering the original action infructuous. The High Court dismissed the writ petition as infructuous.

What did the court decide?

The writ petition was dismissed as infructuous due to the framing of a fresh notice for final assessment.

Umang Agrawal Vs Managing Director Purvanchal… — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:146618-DB

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Court No. - 40

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Case :- WRIT - C No. - 18965 of 2023 Petitioner :- Umang Agrawal Respondent :- Managing Director Purvanchal Vidyut Vitran Nigam Ltd. And 2 Others Counsel for Petitioner :- Prateek Bansal,Anshul Bansal Counsel for Respondent :- Sushil Kumar Pandey

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Heard learned counsel for the petitioner and Sri Sushil Kumar Sharma, learned counsel for the respondents.

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The present writ petition has been preferred assailing the impugned letter/order dated 03.02.2023 passed by respondent no.3 (Annexure No. 12 to the writ petition) and further commanding the respondents to reconnect the electricity supply of the petitioner.

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Learned counsel for the petitioner submits that the petitioner has taken an electricity connection under Rate Schedule LMV-2 applicable for domestic use. On 04.05.2021 a spot inspection was carried out at the residence of the petitioner by the Sub Divisional Officer (Meter), Junior Engineer (Meter), Sub-Divisional Officer (Distribution), Junior Engineer (Distribution) wherein it was found that the meter has been tempered. Consequently, the provisional assessment notice was issued to the petitioner on 06.07.2021 but till date without final assessment, the order impugned has been passed on 03.02.2023. In support of his submissions, learned counsel for the petitioner has placed reliance upon judgment and order of this Court in Rituraj Vs. State of U.P. And 3 Others (Writ C No. 35477 of 2016, dt. 14.12.2017) and submits that the entire action of the respondents is per se unsustainable in view of the Electricity Supply Code 2005.

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Today, when the matter is taken up, learned counsel for the respondents has placed a detailed instructions dated 19.7.2023 sent by the Executive Engineer, Electricity Distribution DivisionSecond, Purvanchal Electricity Distribution Nigam Limited, Mirzapur, wherein it has been stated that in compliance of the aforesaid order, the final assessment has been withdrawn and the notice is issued to the petitioner on 19.07.2023 to submit his reply within 15 days. It is submitted that the cause of filing the writ petition no more survives and the writ petition is liable to be dismissed as infructuous. The same is taken on record.

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Accordingly, the writ petition is dismissed as infructuous. Order Date :- 24.7.2023 RKP

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Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad

Umang Agrawal v. Managing Director Purvanchal Vidyut Vitran Nigam Ltd. and 2 Others

Case brief

What is this about?

What did the court decide?

Umang Agrawal v. Managing Director Purvanchal Vidyut Vitran Nigam Ltd. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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