Court No. - 32
Case :- WRIT - C No. - 38793 of 2019 Petitioner :- Anil Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prem Chand Saroj Counsel for Respondent :- C.S.C., Suman Kumar Yadav
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and Shri Rajesh Yadav, learned counsel appearing on behalf of the Electricity Department.
The petitioner has preferred this petition challenging the demand notice dated 25.09.2018 for a sum of Rs.58834.11/- as electricity dues.
Shri Rajesh Yadav, learned counsel for the Electricity Department submits that the aforesaid demand is on the basis of use of electricity by the petitioner which he defaulted in payment despite raising the bills in that regard.
Learned counsel for the petitioner submits that the petitioner is not having any electricity connection and as such, the demand is perse illegal.
In case the demand is illegal, the petitioner may approach the Executive Engineer under Clause 6.5 of the U.P. Electricity Supply Code, 2005 within a period of 15 days from today. In case, he so approaches the Executive Engineer, he shall examine the matter, and on verification of the correct facts shall pass speaking order in regard to the liability of the petitioner to pay the aforesaid dues in accordance with law most expeditiously if possible within a period of six weeks from the date of submission of representation. For a period of three months or till the representation is considered and decided whichever is earlier, no recovery shall be made from the petitioner in pursuance of the impugned demand notice.
The writ petition is disposed off.
Order Date :- 28.11.2019 Arun