Court No. - 29
Case :- WRIT - C No. - 30436 of 2019 Petitioner :- Muazzam Khan And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Onkar Nath Mishra Counsel for Respondent :- C.S.C.,Amit Krishna,Mahboob Ahmad
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners and Sri Mahboob Ahmad, learned counsel appearing for the Executive Engineer- respondent no.4.
The petitioners are facing demand of electricity dues by separate notices of the same date i.e. 05.07.2019.
The submission of learned counsel for the petitioners is that they have deposited 30% of the disputed amount with the Executive Engineer for the purposes of one time settlement and waiver of surcharge and that they are ready and willing to pay the balance amount provided one time settlement is considered and surcharge is waived.
Sri Mahboob Ahmad, learned counsel for respondent no.4 informs that separate facility can be availed only during the subsistence of the scheme and that scheme is revived very often, but once the scheme is over, the aforesaid benefit as claimed by the petitioners are not available.
In view of the aforesaid facts and circumstances, as we are not aware that the scheme is still open, we dispose off the petition with the direction to the petitioners to move separate representations claiming the benefit of one time settlement and waiver of surcharge before the respondent no.4 within a period of two weeks from today.
In the event, any such applications/representations are filed, the respondent no.4 shall consider and decide the same in accordance with law most expeditiously. Accordingly, the demand against the petitioners would abide by the decision of the Executive Engineer.
The writ petition is disposed off.
Order Date :- 26.9.2019 Sattyarth