Court No. - 32
Case :- WRIT - C No. - 38861 of 2019
Petitioner :- Nasimurrehman
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- V.P. Singh Kashyap Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
This writ petition has been filed, interalia, for the following relief:
"(I) Issue a writ, order or direction in the nature of certiorari quashing the effect and operation of the recovery certificate dated 11.09.2019 amounting Rs.1,23,019/- + interest."
Heard learned counsel for the petitioner, Mr. Mukesh Kumar Singh, learned counsel appearing on behalf of the Electricity Department and perused the record.
At the very outset, learned counsel appearing on behalf of the Electricity Department has stated that the petitioner has got an alternative remedy under Clause 6.5 of the U.P. Electricity Supply code, 2005 to ventilate his grievance.
The learned counsel for the petitioner has not been able to rebut the contention made by the learned counsel for the Electricity Department.
We are not inclined to entertain this writ petition for reasons that there is availability of statutory remedy.
In case, the petitioner approaches the concerned authority for redressal of his grievance within 15 days from today, his application may be considered and decided by the said authority in accordance with law within a period of 30 days thereafter.
For a period of 45 day, the impugned recovery notice dated 11.09.2019 issued by the Electricity Department shall remain in abeyance.
It is made clear that this Court has not expressed any opinion with regard to the merit of the case. The authority concerned shall consider the matter on its own merits.
With the aforesaid observation, the writ petition is finally disposed of.
Order Date :- 28.11.2019 Arun