Court No. - 39
Case :- WRIT - C No. - 33487 of 2018 Petitioner :- Bashu Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anjani Kumar Raghuvanshi,Shikhar Awasthi Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble B. Amit Sthalekar,J. Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Shikhar Awasthi, learned counsel for the petitioner, Sri F.A. Ansari, learned counsel for the respondents no. 2 & 3, and learned standing counsel for the respondents no. 1 & 4.
The Petitioner in the writ petition is seeking quashing of the recovery challans dated 10.01.2018 and 21.05.2018. His contention is that earlier he was sent a bill of Rs.30,000/- for Electricity Connection No.5014761106 which has been paid by him. Subsequently, he was sent another bill of Rs.1,64,747/- with regard to the Electricity Connection No.1536661787 and the bill as of now is about Rs.2,00,000/-. His contention is that he does not have any Electricity Connection No.1536661787.
We had directed the learned counsel for the respondents to obtain instructions in the matter and Sri F.A. Ansari on instructions received informs that earlier the petitioner had Electricity Connection No.5014761106 against which he has also paid the amount of Rs. 30,000/-. Though an account was created but the meter was not installed and at the time meter was installed the Electricity Connection number was changed to No.1536661787.
Sri Ansari further informs that after the previous order of this Court dated 4.10.2018 the Executive Engineer has already decided the matter and informed the petitioner about it through his letter dated 24.10.2018. However, we find that such decision would have been taken without giving the petitioner of any opportunity being heard or filing his objection as per para 6.5 of the Electricity Supply Code, 2005.
Be that as it may, the petitioner is aggrieved by the Bill in respect of the Electricity Connection No.1536661787. He has liberty to file objections before the Executive Engineer in terms of Para 6.5 of the Electricity Supply Code, 2005. We, therefore, dispose of this petition with liberty to the petitioner to approach the Executive Engineer (respondent no.3) within one week from today with his objections and if such an objection is filed the respondent no.3- Executive Engineer shall decide the same within a further period of 15 days. Till such decision is taken it is provided that no coercive action shall be taken against the petitioner in respect of the impugned challans.
Order Date :- 26.10.2018/vkg