Court No. - 3
Case :- WRIT - C No. - 16749 of 2021 Petitioner :- Rajesh Kumar Yadav Respondent :- Purvanchal Vidyut Vitran Nigam Limited And Another Counsel for Petitioner :- Arjun Singh Yadav
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri R.N. Upadhya, Advocate holding brief of Sri Arjun Singh Yadav, learned counsel for the petitioner and Sri Rakesh Kumar Tripathi, Advocate holding brief of Sri Ajay Tiwary, learned counsel for the respondent nos.1 and 2.
2. Solitary dispute is pursuant to a survey proceeding, the petitioner has been billed for electricity dues after treating his domestic connection to be commercial. Accordingly, bill dated 07.01.2021 for Rs.1,33,841/- has been raised.
3. Petitioner disputes the correctness of the bill and submits that connection was being used for domestic purpose only as shops were still under construction. That dispute is factual in nature. We cannot adjudicate the same in writ petition.
4. In Writ - C No. 17098 of 2021, we have disposed of that writ petition with directions including filing of proper objections and consideration of the same before further recoveries may be made.
5. For the reasons contained in that order, the present writ petition is also disposed of on the following terms :
(i) subject to the petitioner depositing a sum of Rs.30,000/- within a period of two weeks from today i.e. not later than 16 August, 2021, the respondent no.2 shall make available to the petitioner all adverse material that is being relied in support of the communication dated 07.01.2021 (annexed as Annexure No.4 to the petition);
(ii) upon being thus confronted with the adverse material, the petitioner shall have a right to file a detailed objection to the action proposed by the respondent no.2 within a further period of two weeks therefrom annexing therewith all material as the petitioner may seek to rely on;
(iii) upon receipt of such objection, the said respondent no.2 shall fix a date for hearing in the matter within a period of two weeks therefrom and pass appropriate and reasoned order, strictly in accordance with law, after hearing the parties within a period of one month therefrom.
6. For a period of three months from today or till disposal of the aforesaid objection, whichever is earlier, no coercive measure shall be adopted against the petitioner, subject to his complying with the terms of this order.
7. All further recovery shall abide by the decision to be made by the respondent-corporation.
Order Date :- 30.7.2021 A.Kr.