Court No. - 32 Case :- WRIT - C No. - 26145 of 2018 Petitioner :- Sagar Wire (Pvt.) Limited (M/S) Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Bidhan Chandra Rai Counsel for Respondent :- C.S.C.,Mahboob Ahmad Hon'ble Shashi Kant Gupta,J. Hon'ble Ajit Kumar,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner, Sri Ravi Anand Agarwal, learned counsel for the Respondent No. 3 and 4 and perused the record.
This writ petition has been filed, inter alia, for the following relief;
"(I) issue a writ of certiorari to quash the impugned notice dated 05-07-2018 and demand notice dated 05-07-2018 (Annexure Nos. 9 and 10 to the writ petition) issued for recovery of electricity dues under the provisions of U.P. Government Electrical Undertaking (Dues Recovery) Act, 1958 by Respondent No. 4;
(II) issue a writ, order or direction in the nature of mandamus directing the PuVVNL and its Officials to restore electricity supply of the petitioner forthwith;
(III) Issue a writ, order or direction in the nature of writ of mandamus restraining the Respondents from realizing any amount from the petitioner pursuant to impugned notice dated 05-07-2018 and demand notice dated 05-07-2018 (Annexure Nos. 9 and 10 to the writ petition) issued for recovery of electricity dues under the provisions of U.P. Government Electrical Undertaking (Dues Recovery) Act, 1958 by Respondent No. 4;"
In paragraph 2 to 6 of the supplementary affidavit it has been stated as follows;
"2.That the petitioner has filed the instant writ petition challenging the demand notice dated 05.07.2018 issued by the deponent under Section 3 of the U.P. Government Electrical Undertaking (Dues Recovery) Act, 1958 wherein the petitioner has been asked to deposit a sum of Rs.
79,85,763 which include the previous arrears of Rs. 74,31,764 and the current electricity dues of Rs. 5,53,999.
3. That however, when the matter came up for hearing and the Hon'ble Court directed for the production of the original records then it came to the knowledge of the deponent that two other writ petitions i.e. Civil Misc. Writ Petition No. 62449 of 2012 and Civil Misc. Writ Petition No. 13376 of 2012 between the same parties are also pending consideration before this Hon'ble Court and the outcome of those writ petitions will have a material bearing on the controversy involved in the instant writ petition.
4. That while issuing the impugned demand notice dated 05.07.2018 the deponent was not aware about this fact of the matter.
5. That under such circumstances when the matter was placed before the Superintending Engineer, the Superintending Engineer vide order dated 14.08.2018 has directed for partial withdrawal of the impugned demand notice dated 05.07.2018 issued under Section 3 of the U.P. Government Electrical Undertaking (Dues Recovery) Act, 1958. A copy of the order passed by the Superintending Engineer dated 14.08.2018 is being filed herewith and marked as ANNEXURE- SA-1 to the present supplementary affidavit.
6. That in pursuance of the order passed by the Superintending Engineer the recovery of the previous dues amounting to Rs. 74,31,764 in the demand notice dated 05.07.2018 has been withdrawn and it shall be subject to the outcome of the pending writ petitions i.e. Civil Misc. Writ Petition No. 62449 of 2012 and Civil Misc. Writ Petition No. 13376 of 2012. So far as the remaining amount of Rs. 5,53,999 is concerned the same pertains to the current electricity dues payable by the petitioner and the petitioner is required to deposit the same."
Learned counsel for the petitioner stated that the petitioner is prepared to deposit the amount of Rs. 5,53,999/- pertaining to current electricity dues. Since the demand of previous dues amounting to Rs. 74,31,764/-, as stated in the demand notice, has been withdrawn subject to outcome of the pending writ petitions and the petitioner is prepared to deposit the current dues, the cause for action for filing the present writ petition no longer survives.
Considering the facts and circumstances of the case, it is provided that in case the petitioner deposits the current electricity dues amounting to Rs. 5,53,999/- within a period of one week from today, the electricity supply of the petitioner shall be restored forthwith.
It is made clear that this Court has not expressed any opinion with regard to previous dues amounting to Rs.74,31,764/- sought by the Electricity Department through demand notice dated 5.7.2018.
With the above observation, the writ petition stands disposed of.
Order Date :- 21.8.2018 vinay