Court No. - 4
Case :- WRIT - C No. - 7141 of 2018 Petitioner :- Bagesari Devi Respondent :- State Of U.P And 03 Others Counsel for Petitioner :- Pramod Kumar Pandey Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
Heard Sri Pramod Kumar Pandey, learned counsel for the petitioner, Sri Mahbood Ahmad, learned counsel for respondent no. 3 and 4 and learned Standing counsel for the State.
It has been contended by the learned counsel for the petitioner that the petitioner had neither applied for any power connection at any point of time nor any meter was installed in her premises but the respondent no. 2 by means of the impugned citation is seeking recovery of a sum of Rs. 8,16,197/- as arrears of land revenue purporting to the amount payable by the petitioner towards his electricity dues and has also issued a notice for attachment of her property.
Per contra Sri Mahboob Ahmad, learned counsel appearing for respondent nos. 3 and 4 has submitted that the petitioner has incorrectly stated in the writ petition that she had never got any power connection. He has further submitted that the issues raised by the petitioner in this petition are already engaging the attention of the Civil Court in Original Suit No. 180 of 2017 which has been filed by the petitioner against the power corporation on the same cause of action and hence in view of the above this petition is not maintainable.
Sri Pramod Kumar Pandey, learned counsel for the petitioner does not dispute the fact that the petitioner has already filed a suit on the same cause of action.
In view of the above, this writ petition is not maintainable and is accordingly, dismissed.
However, in the peculiar facts and circumstances of the case, we hope and trust that the concerned Civil Court shall decide the Original Suit No. 180 of 2017 expeditiously and, if any application for interim relief is filed by the petitioner therein, the same shall also be decided at the earliest.
Order Date :- 28.2.2018 Manoj