Court No. - 29
Case :- WRIT - C No. - 30457 of 2019 Petitioner :- Jafar Beg Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhay Raj Singh Counsel for Respondent :- C.S.C.,Kapil Dev Singh Rathore
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner and Sri Kapil Dev Singh Rathore, learned counsel for respondent no.4.
There is recovery of Rs.1,96,708/- dated 05.08.2019 in the name of petitioner for realizing the electricity dues.
The argument of learned counsel for the petitioner is that the petitioner is not having any electric connection nor he is the owner of the premises in question and as such, the recovery is patently illegal.
The aforesaid aspects are all matter of fact and cannot be adjudicated upon in exercise of discretionary jurisdiction.
Accordingly, we dispose off the writ petition with the direction to the petitioner to move a representation before the Executive Engineer respondent no.4 within a period of two weeks from today. In case any such representation is filed, the respondent no.4 shall consider and decide the same in accordance with law most expeditiously, preferably within a period of six weeks thereafter. The recovery shall abide by the decision of the Executive Engineer.
The writ petition is disposed off accordingly.
Order Date :- 26.9.2019 Sattyarth