Court No. - 29
Case :- WRIT - C No. - 20470 of 2021 Petitioner :- Smt. Shashibala Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohan Gupta,Ashok Kumar Shukla Counsel for Respondent :- C.S.C.,Rishu Mishra
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Piyush Agrawal,J.
By this writ petition, a challenge is made to the disconnection order dated 19.06.2021 with the request to direct the respondent no.4 to continue the power connection with supply of electricity. A further direction has been sought for raising a correct bill for its payment by the petitioner.
The facts available on record shows that petitioner was given electricity connection on 02.02.2012. On a dispute on installation of meter, a complaint before Consumer Forum was preferred followed by an order. It is now submitted that without supply of electricity in the year 2017 onwards, bill has been raised. It has been challenged mainly on the ground that without supply of electricity, bill could not have been raised.
The writ has been contested by the respondents. It is submitted that bills have been raised on supply of electricity to the petitioner, when it remained unpaid, the process of recovery was initiated. It is incorrect to state that electricity was not supplied to the petitioner in the year 2017 or onwards rather as per the order passed by the District Consumer Forum, petitioner had consumed 1843 units from April, 2017 till 09.03.2018. Thus, petitioner has made misleading statement regarding non-supply of electricity to challenge the bill. The prayer is accordingly to dismiss the writ petition when document shows supply of electricity.
We have considered the rival submission of the parties and perused the record.
Challenge to the bill has not been made as such rather, it is to the order of disconnection of electricity. It is, however, a fact that disconnection of electricity is due to non-payment of bill. The bill towards electricity consumption has been raised for the period of 2017 and onwards. The challenge to it has been made alleging non-supply of electricity in the year 2017 onwards. The material on record shows electricity supply in the year 2017 and onwards. Thus, we find misleading statement of facts. It is also in regard to the statement regarding non supply of electricity in the year 2017 onwards. The order of the Consumer Forum shows admission of the petitioner regarding consumption of 1843 units from April, 2017 till 09.03.2018. Thus, petitioner has not approached this Court with clean hands.
In view of the misleading statements, the writ petition can be dismissed. We do not find otherwise any ground to quash the disconnection order obtaining to non-payment of the electricity bills. Accordingly, no ground remains for challenge to the order of disconnection of electricity and even for non-payment of the bill amount.
Hence, the writ petition deserves to be dismissed. Accordingly, it is dismissed with no order as to the cost.
Order Date :- 27.9.2021 Madhurima (Piyush Agrawal, J.) (Munishwar Nath Bhandari, A.C.J.)