Court No. - 1
Case :- WRIT - C No. - 27603 of 2019 Petitioner :- M/S Shyam Lal Exports Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Abhishek Srivastava Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Abhishek Srivastava, learned counsel for the petitioner, Sri Narendra Kumar Tiwari, learned counsel appearing for respondent nos. 2, 3 & 4, learned Standing Counsel for respondent no. 1 and perused the record.
By means of this writ petition under Article 226 of the Constitution of India, the petitioner has sought a writ of mandamus to the respondent Corporation to decide the pending representation of the petitioner with regard to the bill dated 09.08.2019 copy of which has been annexed as Annexure No.
12 to the writ petition and further to restore the electricity supply.
From the perusal of documents as have been brought on record and the pleadings that have come to be raised, it transpires that the petitioner's electricity connection has been suspended/ disconnected on the ground of unauthorized use of electricity and the unpaid pending bills.
On a pointed query being made to learned counsel for the petitioner as to whether he has received any checking report which has resulted in disconnection of the electricity, he could not gave any plausible answer.
Learned counsel for the respondents on the contrary submits that without any checking report and spot inspection, the electricity connection could not be disconnected and the petitioner must be in possession of checking report.
Be that as it may, as it transpires from the record that the disconnection has taken place on account of unauthorized use of electricity, it is hereby provided that the petitioner shall make an application for supply of necessary documents if is not in possession to make a proper reply for the purposes of final assessment to be made by the Department. The Department shall also give the copy of the provisional assessment and after receiving the same, the petitioner shall submit reply within two weeks thereafter. On the submission of reply by the petitioner, the respondents shall taken appropriate decision within a period of four weeks thereafter.
Since the electricity connection has been disconnected on account of some unauthorized use and a bill of Rs. 1,48,578.96 paise has been generated vide disconnection slip dated 09.08.2019, it is provided that in case if petitioner deposits 50% of the said amount within two weeks from today, the electricity shall be restored, however, restoration shall abide by the final decision taken by the authority under the order passed herein above.
With the aforesaid directions, the writ petition stands disposed of.
Order Date :- 22.8.2019 IrfanUddin (Ajit Kumar, J.) (Ramesh Sinha, J.)