Disposed

Badrish Dhar Dwivedi v. State of U.P. and 4 Others

Allahabad HC17 Aug 2023WRIC/24445/2023

Case brief

AI extract

What is this about?

A writ petition challenging a recovery citation for electricity dues was disposed of. The court held that since a statutory remedy under Section 127 of the Electricity Act, 2003 is available, the matter was not entertained on merits and consigned to records with permission to file an appeal.

What did the court decide?

Writ petition not entertained on merits; consigned to records with permission to file appeal within three weeks.

Badrish Dhar Dwivedi Vs State of U.P. and 4 Others — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC:165497-DB

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Court No. - 46

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Case :- WRIT - C No. - 24445 of 2023

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Petitioner :- Badrish Dhar Dwivedi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Piyush Mishra,Shivanayak Singh Counsel for Respondent :- C.S.C.,Rishu Mishra

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Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.

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This writ petition has been filed with following prayers:

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"I. Issue a writ, order or direction in the nature of certiorari, quashing the impugned Recovery Citation dated 13.06.2023 of Rs.17,80,850/- , issued by respondent no.3 to respondent no.2 (Annexure No.1).

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II. Issue a writ, order or direction in the nature of mandamus, directing the respondent no.4 to decide the representation dated 28.07.2021 and reminders dated 25.05.2022 and 19.06.2023 of the petitioner (Annexure No. 12 of the petition), after hearing the petitioner.

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Learned counsel for the petitioner states that authorities have illegally and arbitrarily determined liability of the electricity dues inasmuch as the construction of the petitioner has been demolished for road widening and various representations made by the petitioner, with regard to the determination of electricity dues, have not been considered.

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On behalf of the respondents, it is contended that in respect of theft of electricity F.I.Rs., etc. have been lodged against the petitioner and since the electricity dues have been finally assessed, the remedy to the petitioner is to challenge the same by virtue of Section 127 of Electricity Act, 2003.

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Since the remedy under the statute is already available to the petitioner, we decline to entertain the issues raised in the writ petition before this Court, on merits. It is, however, provided that petitioner may file an appeal within three weeks from today and the same shall be entertained, on merits, without raising any objection with regard to the limitation and pass appropriate order, in accordance with law. Subject to the above observations, writ petition is consigned to the records.

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Order Date :- 17.8.2023 MN/-

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Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad

Badrish Dhar Dwivedi v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Badrish Dhar Dwivedi v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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