Court No. - 32
Case :- WRIT - C No. - 42262 of 2019 Petitioner :- Minakshi Bhati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
This writ petition, inter alia, has been filed for the following reliefs;
"I. A writ, order or direction in the nature of certiorari quashing the impugned recovery certificate dated 09.12.2019 passed by respondent no. 3 (Annexure No. 06 to writ petition)."
Learned counsel for the petitioner submits that the petitioner is ready to pay the entire amount provided some easy instalments are fixed.
Learned Standing Counsel appearing on behalf of the State 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 Standing Counsel. 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. 50,000/- (rupees fifty thousands only) within a period of two weeks from today with the electricity department concerned, his electric connection shall be restored forthwith.
Order Date :- 19.12.2019 vinay