Court No. - 39
Case :- WRIT - C No. - 1943 of 2019 Petitioner :- M/S K.D. Prints (Pvt.) Ltd. Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bidhan Chandra Rai Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble B. Amit Sthalekar,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri B.C. Rai, learned counsel for the petitioner, learned Standing Counsel for the respondent no. 1 and Sri Ajay Kumar, learned counsel for the respondent nos. 2 and 3.
The petitioner in the writ petition is seeking quashing of the demand-cum- disconnection notice dated 05.12.2018 as well as Office Memorandum dated 22.12.2016, with the further prayer to restrain the Executive Engineer, Paschimanchal Vidyut Vitran Nigam Ltd, Electricity Distribution Division-I, Meerut from recovering the alleged outstanding dues from it.
It is contended by learned counsel for the petitioner that controversy involved in the present writ petition is identical to that of Writ C No. 34601 of 2018 (Vinod Kumar Goel and 2 others Vs. State of U.P. and 3 others).
In that writ petition, on 11.10.2018, the Division Bench of this Court has passed the following order:
"Heard Shri B.C. Rai, learned counsel for the petitioners, learned Standing Counsel for the State respondent and Shri Chandan Agarwal for respondent nos. 2 and 3.
The petitioners have approached this Court challenging the action of the respondent in withdrawing the subsidy granted to them pursuant to the G.O. dated 14.06.2006.
Learned counsel for the petitioners contend that they are covered under Rate Schedule LMV-6, which makes a provision for supply of electricity to power looms on flat rate in accordance with the Government Order dated 14.06.2006 and the order passed by U.P. Electricity Regulation Commission dated 11.07.2006.
All of a sudden, this benefit of subsidy extended to the petitioners has been cancelled on the ground that their connection is not for the weaver user, but it is for investors or businessmen. It is undisputed that the petitioners are availing subsidy for last several years.
The issue is one, which requires investigation into the questions of fact and, thus, no useful purpose would be served by keeping this petition pending and calling for a counter affidavit and interest of justice would stand served, in case, a fact finding authority looks into the grievance of the petitioners initially.
Learned Standing Counsel fairly states that, in case, the petitioners raise their grievance before appropriate authority by making a representation, the said authority shall proceed to consider and decide the same expeditiously.
Considering the facts, we dispose of the writ petition by giving liberty to the petitioners to submit a representation raising their grievance annexing therewith all supporting documents as well as a copy of the writ petition and its annexures before respondent no. 1, with the further direction to the said authority to consider and decide the same by passing a reasoned and speaking order in accordance with law and the policy of the State Government expeditiously, preferably within a period of eight weeks from the date of making of the representation.
It is directed that till the disposal of the representation, as directed aforesaid or till the expiry of three months from today whichever is earlier, the supply of electrical energy to the petitioners shall be continued.
We make it clear that we have not entered into the merits of the claim being made by the petitioners and the same shall be decided by the authority concerned on its own merits.
The writ petition is disposed of. No order as to costs."
We, therefore, direct that in case, the petitioner raises his grievance before the respondent no.1-Secretary Handloom & Textile Industry, Govt. of U.P., Lucknow by making a representation, the said authority shall proceed to consider and decide the same by passing a reasoned and speaking order in accordance with law and the policy of the State Government, expeditiously, preferably within a period of eight weeks from the date of making of the representation.
It is directed that till the disposal of the representation, as directed aforesaid or till the expiry of three months from today whichever is earlier, the supply of electrical energy to the petitioner shall be continued.
We make it clear that we have not entered into the merits of the claim being made by the petitioner and the same shall be decided by the authority concerned on its own merits.
The writ petition is disposed of. No order as to costs.
Order Date :- 22.1.2019 nd