Om Prakash vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Om Prakash vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief pending final disposal: no coercive measures against the petitioner pursuant to the notice dated 05.07.2025 till the next date of listing; four weeks granted to the distribution corporation to file counter affidavit and two weeks thereafter to the petitioner for rejoinder; corporation left free to pursue the named consumer Smt. Ram Pyari strictly in accordance with law.

Issue for consideration

Whether coercive recovery pursuant to the notice dated 05.07.2025 for the disputed demand of Rs. 4,08,819/- may be pursued against the petitioner when the electricity connection stands in the name of his wife, Smt. Ram Pyari.

Court's answer

The petitioner, being the husband of the consumer Smt. Ram Pyari in whose name the electricity connection stands, has the legal ground to challenge the recovery.

Ratio / Principle

A prima facie case exists in favour of the petitioner: the connection stands in the name of Smt. Ram Pyari and the demand is based on inspection of the premises where her meter was installed.

Key takeaways

Till the next date of listing, no coercive measures may be adopted against the petitioner pursuant to the notice dated 05.07.2025.ratio¶15
The distribution corporation may issue proper notice to the consumer Smt. Ram Pyari with respect to the disputed demand and proceed with it strictly in accordance with law.ratio¶18
Any such proceedings, if initiated, are expected to be concluded expeditiously.obiter

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 3; Saumitra Dayal Singh and Indrajeet Shukla, JJ.), interim order dated November 24, 2025 in WRIT - C No. 41261 of 2025 (Om Prakash v. State of U.P. and 2 Others): a disputed electricity demand of Rs. 4,08,819/- arose on a connection standing in the name of the petitioner's wife, Smt. Ram Pyari, and was based on inspection of the premises where her meter was installed. Finding a prima facie case in the petitioner's favour (he being the husband of the named consumer), the Court directed that till the next date of listing no coercive measures be adopted against the petitioner pursuant to the notice dated 05.07.2025, while leaving the distribution corporation free to serve proper notice on the consumer Smt. Ram Pyari and to proceed strictly in accordance with law, such proceedings being expected to conclude expeditiously. Four weeks were allowed for the counter affidavit and two weeks thereafter for the rejoinder.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 41261 of 2025

Om Prakash

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s) : Pawan Kumar, Vijay Bahadur Yadav Counsel for Respondent(s) : Baleshwar Chaturvedi, C.S.C.

Court No. - 3

HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J.

Having heard Sri Pawan Kumar lerned counsel for the petitioner, Sri Satyendra Yadav holding brief of Sri Baleshwar Chaturvedi learned counsel for the distribution corporation and the learned Standing Counsel, at present, it appears that the electricity connection giving rise to the disputed demand of Rs. 4,08,819/- stands in the name of the wife of the present petitioner namely Smt. Ram Pyari. That fact being admitted to the distribution corporation, the legal ground to challenge the recovery has arisen at the hands of the present petitioner who is the husband of the said Smt. Ram Pyari.

To the extent, the electricity connection stands in the name of said Smt. Ram Pyari and further to the extent that demand is based on the inspection of the premises where such electricity meter was installed (in the name of Smt. Ram Pyari), prima facie case exists in favour of the present petitioner.

Accordingly, learned counsel for the distribution corporation prays and is granted four weeks' time to file Counter Affidavit. Petitioner shall have two weeks thereafter to file Rejoinder Affidavit.

4. List thereafter.

Till the next date of listing, no coercive measures may be adopted against the present petitioner pursuant to the notice dated 05.07.2025. However, we leave it open to the distribution corporation to issue proper

WRIC No. 41261 of 2025

2

notice to the consumer Smt. Ram Pyari with respect to the disputed demand and to proceed with the same strictly in accordance with law.

We expect that such proceedings, if initiated, may be concluded expeditiously.

(Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.)

November 24, 2025

Faraz

Digitally signed by :- FARAZ AHMAD High Court of Judicature at Allahabad