Court No. - 40
Case :- WRIT - C No. - 41405 of 2016 Petitioner :- Siya Ram Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Kumar Jain,Babu Lal Ram,Sanjay Kumar Jain Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner and Sri A.N.Singh, Advocate, holding brief of Sri Baleshwar Chaturvedi, learned counsel for the respondents.
A sum of Rs.1,10,025/- is sought to be recovered from the petitioner through the impugned recovery notice-cum-citation dated 27.06.2016 from the petitioner in respect of a connection which the petitioner submits had already been disconnected in the year 1993 and the permanent disconnection took place in the year 2005.
The petitioner contends that no amount is due nor has he utilized any such electricity, consumption charges whereof can be realized from the petitioner.
From the facts stated in the writ petition it appears that the petitioner had made certain deposits in the year 1999 and disconnection had taken place in the year 2005. In the aforesaid background as to whether the petitioner did continue to utilize the electricity or whether he is liable to pay any consumption charges for the period upto the date of permanent disconnection is a question of fact which can be determined by the Executive Engineer as a billing dispute in terms of Clause 6.5 of the Electricity Supply Code, 2005. If the petitioner is still aggrieved, he can also approach the Consumer Grievance Redressal Forum under Clause 7.10 of the Electricity Supply Code, 2005.
In the aforesaid circumstances, the petitioner may approach the Executive Engineer-respondent no.4 along with a certified copy of this order and the respondent no.4 shall proceed to determine the dispute and pass an appropriate order within six weeks from today.
The petitioner shall file this order before the Executive Engineer within 10 days from today.
The impugned recovery proceedings under the citation dated 27.06.2016 shall proceed only after the determination is made by the Executive Engineer provided any dues are found to be recoverable from the petitioner in accordance with law.
The writ petition is disposed of with the said direction.
Order Date :- 24.4.2018 KA