Court No. - 32
Case :- WRIT - C No. - 42247 of 2019 Petitioner :- Hakim Singh Respondent :- Dakshinanchal Vidyut Vitan Nigam Limited And 3 Others Counsel for Petitioner :- Piyush Kumar Shukla Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
This writ petition, inter alia, has been filed for the following reliefs;
"i) Issue a writ order or direction in the nature of certiorari to quash the recovery citation dated 15.11.2019"
Learned counsel for the petitioner submits that the petitioner is ready to pay the entire amount provided some easy instalments are fixed.
Sri Baleshwar Chaturvedi, learned counsel for the Electricity Department submits that the petitioner has got an alternative remedy under Paragraph 6.14 of the Electricity Code, 2005 and the Executive Engineer is vested with the powers for fixing instalments and therefore, the petitioner may approach the Executive Engineer.
We find substance in the argument of learned counsel for the Electricity Department. The writ petition is, accordingly, disposed of with the observation that in case, the petitioner makes an application before the Executive Engineer/authority concerned with regard to payment in instalments as provided under Paragraph 6.14 of the Electricity Code, 2005, the Executive Engineer/concerned authority may consider the claim of the petitioner and pass appropriate orders in accordance with law within a period of 30 days from the date of receipt of a certified copy of this order.
In case, the petitioner deposits Rs. 1,00,000/- (rupees one lac) with the Electricity Department concerned towards his outstanding dues within a period of ten days from today, the electric connection of the petitioner shall be restored by the Electricity Department forthwith.
Order Date :- 19.12.2019 vinay