Hon'ble Dinesh Kumar Singh,J.
Notice on behalf of opposite party no.1 has been accepted by learned Chief Standing Counsel, whereas Mr. Amit Kumar Dwivedi, Advocate has accepted notices on behalf of opposite parties no.2, 3, 4 and 5.
Heard learned counsel for parties and perused the records.
The instant writ petition has been filed seeking following reliefs:
"i. Issue a writ, order or direction in the nature of certiorari to quash the entire proceeding initiated in pursuance of raid dated 23.10.2020 showing Petitioner No. 1 as consumer name against petitioner No. 1 contained as Annexure No-7 to this Writ Petition so far as it concerns to House No.A-2 and A-3 shown in the diagram i.e. A. N. 7 as, referred above.
ii. Issue a writ, order or direction in the nature of mandamus thereby commanding the Opposite Parties specially Opposite Parties No. 4 and 5 to provide electric connection in House No. A-2 and A-3 situated in Khasara No. 834 of village Madiyaon, included under territory of Lucknow Municipality, Pargana, Mahona and Tahsil- Bakshi Ka Talab, District Lucknow, as soon as possible or within the period prescribed under law.
iii. Issue a writ, order or direction in the nature of mandamus thereby commanding the Opposite Parties to repay the illegal recovery made through Annexure No. 9, 10, 18 and 22 with due interest to the petitioner No.1 forthwith in the interest of Justice.
iv. Pass any other order or direction which this Hon'ble Court deems fit and proper, may kindly be passed in the interest of Justice.
Allow this Writ Petition with Cost."
Mr. Amit Kumar Dwivedi, learned counsel appearing on behalf of opposite parties no.2, 3, 4 and 5 informs that the final assessment against the petitioners have been made under Section 126 Electricity Act, the petitioner has an opportunity of filing an appeal against the final assessment order under Section 127 Electricity Act, which he has not availed. In case the petitioners are aggrieved against the recovery made from them, they may file an appeal.
The petitioners may avail the statutory remedy of filing appeal under Section 127 of Electricity Act. They may file the appeal in this regard within one week from today. In case any such appeal is filed, it is expected that the appellate authority will consider and decide the same in accordance with law, expeditiously. The recovery amount made from the petitioner shall be subject to the final decision in the appeal.
With the aforesaid observations, writ petition stands disposed of.
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(Dinesh Kumar Singh, J.) (Ritu Raj Awasthi, J.) Order Date :- 26.8.2021 Ram.