Court No. - 32
Case :- WRIT - C No. - 38962 of 2019 Petitioner :- Sarveshwari Rice Mill Akhtiyarpur Respondent :- State of U.P. and Another Counsel for Petitioner :- Gyanendra Prasad Mahant Counsel for Respondent :- C.S.C., Mahboob Ahmad
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
This writ petition has been filed, interalia, for the following reliefs:
"(i) Issue an order, direction in the nature of mandamus commanding and directing the respondent no. 2 to receive the electricity dues amount of Rs.19,05,943/- against the petitioner in easy instalments and the connection of electricity may be connected on 23.09.2019 after depositing of first instalment."
Heard learned counsel for the petitioner, Sri Mahboob Ahmad, learned counsel appearing on behalf of the Electricity Department and perused the record.
Learned counsel for the petitioner submits that the petitioner accepts the entire liability and he is ready to pay the entire amount provided some instalments are fixed.
Sri Mahboob Ahmad, learned counsel for the Electricity Department, submits that under Paragraph 6.14 of the Electricity Code, 2005, the Executive Engineer is vested with the powers for fixing instalments and therefore, the petitioner may approach the Executive Engineer.
The writ petition is disposed of with the observation that in case, the petitioner makes an application to the Executive Engineer with regard to payment in instalments as provided under Paragraph 6.14 of the Electricity Code, 2005, the Executive Engineer may consider the claim of the petitioner and pass appropriate orders in accordance with law within a period of one month from the date a certified copy of this order is presented before it.
For a period of one month, no coercive action shall be taken against the petitioner.
Order Date :- 28.11.2019 Arun