Court No. - 32
Case :- WRIT - C No. - 10992 of 2018 Petitioner :- S.S. Khetrapal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Singh Gour,Bidhan Chandra Rai Counsel for Respondent :- C.S.C.,Sanjay Mishra
Hon'ble Shashi Kant Gupta,J. Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties and perused the record.
By means of this writ petition, the petitioner has challenged the demand notice no. 4639 dated 16.02.2018 issued against the petitioner for a sum of Rs. 42,56,325/- as arrears of electricity dues.
Facts of the case are that petitioner runs a Power Loom with 157 kilowatt of load in urban area of Kanpur Nagar.
The contention of the petitioner is that he is entitled to subsidy as per the policy of State Government of Uttar Pradesh under the Government Order dated 14.06.2006, whereby, the flat rate of Rs. 130/- per Kilowatt per month is to be charged with additional 10% more for additional electricity consumption for light and fan. He contends that he was granted subsidy and initially a bill of Rs. 8,294/- was issued at flat rate of Rs. 130/- x 57 KW + 10% additional charge. However, in the year 2017 his electricity was disconnected and so he filed a writ petition no. 10334 of 2017 in which counter affidavit has been invited. Subsequently, he was directed by the Electricity Department to pay bill without subsidy and accordingly a bill dated 18.04.2017 for arrears of Rs. 18,75,161/- was issued. The petitioner protested the same and tendered a demand draft of Rs. 28,743/- only drawn on Canara Bank dated 28.04.2017. Instead considering the protest, the respondent no. 4 issued a letter dated 29.04.2017 to the petitioner stopping subsidy to the petitioner, against which, the petitioner filed Writ Petition No. 25461 of 2017 which is pending consideration and in which counter affidavit has also been invited.
The grievance of the petitioner in the present case is that inspite of the petitioner rendering draft again and again as per the subsidy, his grievance was not addressed to and instead on 16.02.2018 an inspection team conducted the inspection on the site of the petitioner and handed over him an inspection report that he was illegally running other electrical appliances from the Power Loom connection.
Be that as it may, since the petitioner has filed some representation/ objection before the competent authority on 17.02.2018 raising all his grievance, without entering into the merits of the case, it is hereby directed that competent / concerned authority shall look into the grievance of the petitioner and shall pass appropriate orders. The petitioner is permitted to raise all such objections as he may be advised along with the copy of memo of this writ petition and annexure thereof. It is expected that the competent/ concerned authority shall pass appropriate orders within a period of four weeks from the date of presentation of certified copy of this order.
With the aforesaid observations/ directions, this writ petition is disposed of.
Order Date :- 26.7.2018/IrfanUddin