Court No. - 39
Case :- WRIT - C No. - 24131 of 2020 Petitioner :- Ajay Kumar Jain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhir Kumar Srivastava Counsel for Respondent :- C.S.C,Baleshwar Chaturvedi
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Learned counsel for the petitioner is permitted to implead the Executive Engineer, Electricity Distribution Division, Dakshinanchal Vidyut Vitran Nigam Limited, Kanpur Nagar as respondent no. 5 in the array of the parties.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 & 2 and Sri Baleshwar Chaturvedi, learned counsel appearing for respondent nos. 3, 4 & 5.
Instant petition has been filed with the following reliefs :
"I. Issue a writ, order or direction in the nature of certiorari to stay the auction notice dated 24.2.2020 issued by the respondent no. 2 to the M/s. Rajratan Smelter Limited.
II. Issue a writ, order or direction in the nature of mandamus commanding the respondents to allow the petitioner to deposit the amount in installments and also re-restore the supply of the electric.
III. .........
IV "
Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire dues to the Dakshinanchal Vidyut Vitran Nigam Limited in easy instalments.
Sri Baleshwar Chaturvedi, learned counsel for the respondent nos. 3, 4 & 5 has no objection and submitted that in case the petitioner approaches the authority concerned under Clause 6.14 of the U.P. Electricity Code, 2005, the authority concerned shall pass appropriate order in respect of instalment of the due amount.
In view of the fact that there is an alternative remedy available to the petitioner under Clause 6.14 of the U.P. Electricity Code, 2005, the writ petition is disposed of with the liberty to the petitioner to approach the respondent no. 5 - Executive Engineer, Electricity Distribution Division, Dakshinanchal Vidyut Vitran Nigam Limited, Kanpur Nagar by way of filing a representation within a period of three weeks from today. In case any such representation is made by the petitioner, the respondent no. 5 shall decide the same in accordance with law within a period of fifteen days from the date of making of the representation. In the meantime, the auction proceeding initiated against the petitioner shall be kept in abeyance.
It is made clear that if the petitioner fails to file the representation as indicated above, he shall not be entitled to get the benefit of this order.
Order Date :- 5.1.2021 nd