Court No. - 1
Case :- WRIT - C No. - 42479 of 2019 Petitioner :- Gopal Chaturvedi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Gaur,Babita Upadhyay Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi Hon'ble Ramesh Sinha,J.
Hon'ble Ajit Kumar,J.
Heard Ms. Babita Upadhyay, learned counsel for the petitioner, Sri Baleshwar Chaturvedi, learned counsel appearing for Power Corporation and perused the record.
By means of the present petition under Article 226 of the Constitution of India, the petitioner has sought relief in the nature of mandamus commanding and directing the Executive Engineer, respondent no.3 to decide the pending application of the petitioner.
In the writ petition the dispute has been raised that the respondents are raising bills in relation two meters on a single electricity connection and, therefore, the petitioner cannot be saddled with any liability towards it for electricity consumed.
From the perusal of the documents as have been brought on record, it transpires that the petitioner has already approached the consumer forum by means of an application registered as complaint case no.277 of 2011.
In our considered opinion if the petitioner has any grievance while pending application before the consumer forum in which he himself admits that the earlier recovery issued against the petitioner has come to be stayed, this grievance raised herein can be examined by the same consumer forum in the pending application of the petitioner.
In such view of the matter, we are disposing of this writ petition with the direction to the petitioner to approach the consumer forum with fresh additional application as the petitioner may be advised for redressal of his grievance and in case such application is filed by the petitioner, the same shall be considered and decided in accordance with law including issue of restoration of electricity of the petitioner.
With the aforesaid observations and directions, this petition is disposed of.
(Ajit Kumar,J.) (Ramesh Sinha, J.) Order Date :- 19.12.2019 Gaurav