This petition seeking directions to the Lokpal (Electricity) to decide an appeal within a stipulated period and refrain from recovering amounts was dismissed as maintainability challenges could not be established by the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 21
Case :- WRIT - C No. - 37774 of 2022
Petitioner :- Nazir Ahmad Respondent :- Lokpal (Electricity) Lucknow, U.P. And 5 Others Counsel for Petitioner :- Shiv Ram Misra,Pankaj Roy Counsel for Respondent :- C.S.C.,Udit Chandra
Hon'ble Manoj Kumar Gupta,J. Hon'ble Vikram D. Chauhan,J.
The instant petition has been filed praying for a direction to respondent No. 1 i.e. Lokpal (Electricity) Lucknow, U.P. to decide appeal No. 38 of 2021 within stipulated period and for a further direction to decide the representation of petitioner dated 04.05.2022 and till the appeal is decided, not to recover any amount from the petitioner.
It seems that the petitioner was found indulging in theft of electricity and an FIR was alleged against him. An assessment of electricity charges was also made. The petitioner did not file appeal against the assessment order as provided under Section 127 of the Electricity Act, 2003. He however, approached the Electricity Consumer Redressal Grievance Forum. The complaint filed by him before the Forum was rejected as not maintainable. Challenging the order of the Forum dated 13.01.2021, the petitioner has filed an appeal and in respect of which direction is being sought.
Learned Counsel for the petitioner is not in a position to show how the complaint filed by the petitioner against the final assessment order was maintainable before the Electricity Consumer Grievance Redressal Forum.
Consequently, we are not inclined to issue any direction. The petition stands dismissed accordingly.
(Vikram D. Chauhan, J.) (Manoj Kumar Gupta, J.)
Order Date :- 11.1.2023 Ruhi
Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad
1 provisions across 1 enactments
Nazir Ahmad
Lokpal (Electricity) Lucknow, U.P.
Manoj Kumar Gupta
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
