Hon'ble Saurabh Lavania,J.
Heard Sri Santosh Kumar Shukla, learned counsel for the petitioner and Sri Amit Kumar Dwivedi, learned counsel for respondents.
Facts, in brief, as stated by learned counsel for the petitioner that the petitioner is presently residing at house no.602/068/007, Begariya Mallpur Thakurganj, Lucknow. In the said premises one domestic electricity connection no.7268965784 is already continuing in the name of the petitioner's mother Smt. Shabina w/o Mumtaz Ahmad. However, later on when the petitioner started tailoring shop at premises in issue, he applied for a commercial connection and accordingly a commercial connection was got installed at premises in issue because connection no.5676338560 of two Kilowatt in the name of the petitioner and the petitioner was using said commercial connection for his shop and also paying all the electricity bills, generated against the said connection. On 23.7.2019 at about 2.00 p.m. some officers of the opposite parties visited the petitioner's house and by alleging electricity theft they simply disconnected the cable and removed the meter installed in the name of the petitioner and took it away and also lodged an F.I.R. on the same day for theft of electricity against the petitioner. Till date neither any notice has been served nor any provisional assessment electricity bill has been been given to the petitioner for payment of electricity dues In view of the aforesaid background present writ petition has been filed by the petitioner before this Court with the following main relief:-
"Issue a writ order or direction in the nature of mandamus directing the opposite parties to resume the electricity connection of the petitioner's premises in pursuance of his connection no.5676338560 as early as possible."
Sri Amit Kumar Dwivedi, learned counsel for the respondent has handed over a copy of the provisional assessment electricity bill to learned counsel for the petitioner before this Court and he submits that petitioner has an opportunity to file an objection against provisional assessment and that would be considered while final assessment of electricity bill and after depositing the amount, finally assessed,the electricity connection of the petitioner shall be restored. In view of the said fact, learned counsel for the respondents submits that writ petition filed by the petitioner is liable to be dismissed in view of the provisions of Section 126 and 127 of the Electricity Act,2003.
The said facts has not been disputed by learned counsel for the petitioner.
Keeping in view the facts of the case, the writ petition is disposed of with liberty to the petitioner to file an objection,if any, against the provisional assessment electricity bill before opposite party no.2/ Adhishashi Abiyant, Vidult Nagriya Vitran Khand, UPTRON, Lucknow, within a period of two weeks from the date of receipt of certified copy of this order and the said authority after taking into consideration the objection,if any, filed by the petitioner shall pass a speaking and reasoned order within a period of two weeks and thereafter the said authority shall take necessary steps for restoring the electricity connection of the petitioner strictly in accordance with the provisions of Electricity Act 2003.
It is clarified that this Court has not adjudicated the claim of the petitioner on merits.
With the above observation, the writ petition is finally disposed of.
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(Saurabh Lavania,J.) (Anil Kumar,J.) Order Date :- 26.9.2019 dk/