Smt. Rajesh Saini and Another vs State of U.P and 4 Others — Allahabad HC (2025) — LawSathi Research

Smt. Rajesh Saini and Another vs State of U.P and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the petitioners to file an objection against the disputed bill of Rs.79,694/- under Clause 6.5 of the U.P. Electricity Supply Code, 2005 before the concerned executive engineer within one month; the executive engineer to decide the objection in accordance with law after notice and hearing; recovery of the demanded amount stayed till the objections are decided; petitioners to continue depositing current electricity bills.

Issue for consideration

Whether a mandamus should issue directing Respondents No.2 to 4 to restore the petitioners' electricity connection bearing Account No.1378963771 at Plot No.SH-8A/2, Sector 141, Noida. +2 more

Ratio / Principle

In view of the restoration of the consumer name and electricity supply during pendency, the writ petition is disposed of with liberty to the petitioners to prefer an objection against the disputed bill under Clause 6.5 of the U.P. Electricity Supply Code, 2005 before the concerned executive engineer within one month.

Key takeaways

If such objection is filed, the concerned executive engineer shall consider and decide it in accordance with law after giving due notice and opportunity of hearing to the petitioners.ratio¶15
Until the petitioners' objections are decided, recovery of the demanded amount of Rs.79,694/- shall remain stayed.ratio¶16
The petitioners shall continue to deposit the current electricity bills as and when they fall due.ratio

Detailed headnote1 paragraphs

Electricity — restoration of connection and consumer name — writ petition (WRIT - C No. 40265 of 2025, Allahabad High Court, Saral Srivastava and Sudhanshu Chauhan, JJ.) challenging removal of Petitioner No.2 as consumer of Account No.1378963771, Plot No.SH-8A/2, Sector 141, Noida, disposed of because the consumer name and supply were restored during pendency. Liberty granted to dispute the demand of Rs.79,694/- by objection under Clause 6.5 of the U.P. Electricity Supply Code, 2005 before the concerned Executive Engineer within one month; Engineer to decide in accordance with law after due notice and hearing; recovery of the demanded amount stayed till decision; petitioners to keep depositing current bills.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 40265 of 2025

Smt. Rajesh Saini And Another

	Versus	.....Petitioner(s)
State Of U.P And 4 Others		.....Respondent(s)
Counsel for Petitioner(s) Counsel for Respondent(s)	: Saumya Srivastava : Abhishek Srivastava, Saran	C.S.C., Kartikeya

Court No. - 40

HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J.

Heard Ms. Saumya Srivastava, learned counsel for the petitioners, learned Standing Counsel for the State respondents and Sri Abhishek Srivastava, learned counsel for the respondent nos. 3 and 4.

By means of the present writ petition, the petitioners have prayed for the following reliefs:-

"(i) Issue a suitable writ, order, or direction or a writ in the nature of Mandamus directing the Respondents No.2 to 4 to restore the electricity connection of the Petitioners having Account No.1378963771 at Plot No.SH-8A/2 Sector 141, Noida;

(ii) Issue a writ, order, or direction in the nature of certiorari quashing the order passed by Respondent No.4 removing the name of the Petitioner No.2 as consumer holding Account No.1378963771 at Plot No.SH-8A/2 Sector 141, Noida after summoning the original from the Respondent No.4."

It is submitted that during the pendency of the writ petition, the name of the petitioners as consumers for the electricity connection has been restored and the electricity supply has also been restored. However, a demand of Rs.79,694/– has been raised, which the petitioners are disputing.

In such view of the aforesaid fact, the writ petition is disposed of with liberty to the petitioners to prefer an objection against the said bill under Clause 6.5 of the U.P. Electricity Supply Code, 2005 before the concerned executive engineer within a period of one month from today. In case, any

WRIC No. 40265 of 2025

2

such objection is filed by the petitioners, the concerned executive engineer shall consider and decide the same in accordance with law after giving due notice and opportunity of hearing to the petitioners.

Till the objections of the petitioners are decided, the recovery of the aforesaid amount shall remain stayed.

It is further provided that the petitioners shall continue to deposit the current electricity bills as and when it is due.

December 1, 2025 Gaurav

(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)

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