Court No. - 39
Case :- WRIT - C No. - 14621 of 2019 Petitioner :- Dharmveer Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Subhash Gosain Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri Subhash Gosain, learned counsel for the petitioner and learned Standing Counsel for the respondents no.1. No one appears for respondents no. 2 & 3 though notices have been accepted by Sri Baleshwar Chaturvedi.
The petitioner in the writ petition is seeking quashing of the demand notice dated 10.01.2019.
Learned counsel for the petitioner states that the impugned demand notice has been issued in the name of Durjan Singh who is grandfather of the petitioner and that there is no electricity connection in the name of the petitioner and therefore, he is not liable to pay the amount under the impugned demand notice. Learned counsel for the petitioner further submits that the petitioner had applied for permanent disconnection.
There is nothing on record to show that the petitioner had applied for permanent disconnection of the electricity connection granted in the name of late Durjan Singh.
Learned counsel for the petitioner has referred to the document filed at page 31 & 32 of the writ petition and submits that this application seeking permanent disconnection was moved by the father of the petitioner on 19.5.2013. The said application does not show the seal or receiving of any authority of the respondent Electricity Department. Therefore, we are not inclined to believe it.
Learned counsel for the petitioner further submits that the Junior Engineer, Minor Irrigation has issued a certificate that the bore-well of the petitioner is not working. The certificate has been filed at page 37of the writ petition but it does not explain the period between the death of Durjan Singh and date of the demand notice.
However, since the demand notice is in the name of Durjan Singh who is stated to have expired, we dispose of the writ petition with a direction that if the petitioner appears before the Executive Engineer, Electricity Distribution Division, Bholepur, Fatehgarh, District Farrukhabad, respondent no. 3 on 08.05.2019 at 11 a.m. along with a representation raising his grievances, the respondent no. 3 shall examine the matter and pass appropriate order in accordance with law within a further of fifteen days.
Order Date :- 26.4.2019 nd