Court No. - 32
Case :- WRIT - C No. - 39051 of 2018
Petitioner :- Pristine Paper Products Pvt Ltd
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Sujeet Kumar,Chhaya Gupta
Counsel for Respondent :- C.S.C.,Chandan Agarwal
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioner, learned standing counsel for the State and Sri Chandan Agarwal, learned counsel for the Power Corporation.
By means of the instant petition, the petitioner has sought for the following reliefs:-
A. Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery order dated 15.11.2018 passed by the respondent no.3 (Annexure No.1 to the writ petition).
B. Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 not to interfere in the electric supply of the petitioner and to provide uninterrupted electricity supply"
Learned counsel for the petitioner has submitted that while passing the order impugned dated 15.11.2018, the respondent no.3 has not at all considered the reply filed by the petitioner to the show cause notice and has passed the order impugned in a mechanical and casual manner.
Learned counsel for the Power Corporation has very fairly conceded that the order impugned is a non-speaking order.
We finds substance in the arguments made by learned counsel for the petitioner.
In view of above, with the consent of learned counsel for the parties, we set aside the order dated 15.11.2018 passed by the respondent no.3 (Annexure No.1 to the writ petition) and direct the Executive Engineer, Electricty Urban Distribution Division-I, to pass a fresh order after giving an opportunity of hearing to the petitioner by a reasoned and speaking order within a period of 30 days from the date of receipt of a certified copy of this order.
Learned counsel for the petitioner undertakes that the petitioner would file a certified copy of this order before the concerned Executive Engineer, within a period of one week from today.
With the aforesaid directions, this writ petition stands finally disposed of.
Order Date :- 29.11.2018 S.Ali