The matter is taken up through Video Conferencing.
The petitioner by way of present petition seeks following directions:-
"(i) issue a writ of certiorari quashing Recovery Certificate/Writ of demand (Annexure-5) having been issue without authority and against the dicate of Section 56 of Electricity Act, 2003.
(ii) Issue any suitable writ order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case."
At the outset it is submitted by the learned counsel appearing for respondent no.3 that the impugned recovery order is in furtherance to a final order passed by the Competent Authority on 09.04.2019 and the petitioner has not disclosed the same in the petition nor has file the copy of the said order.
It is stated that the said order has been passed in furtherance to the notice issued to the petitioner which is brought on record as Annexure-1 (at page 25 of the writ petition).
Since an order has been passed by the Authority concern, as rightly pointed out by learned counsel for respondent no.3 that the petitioner has a remedy under Section 127 of the Electricity Act, 2003.
In view whereof, since the petitioner has an efficacious, alternative statutory remedy of appeal under Section 127 of the Act, 2003 we are not inclined to cause any indulgence.
The petition stands dismissed.
Order Date :- 19.4.2021 N Tiwari (Prakash Padia,J.) (Sanjay Yadav, A.C.J.)