Hon'ble Narendra Kumar Johari,J.
(ORAL)
1. The following main prayer has been made in the petition :-
"(i) issue a writ, order or direction in the nature of Certiorari to quash the entire recovery proceedings for alleged electricity dues of Rs.190251/- dated 21.06.2019 in Bill No.9612490000 (PD. Final Bill) (handwritten demand Rs.199139/-) initiated by opposite party nos. 1 to 3 through Collector, Lucknow and Tahsildar Sadar, Lucknow who issued Recovery Certificate/Demand Notice dated 22.02.2019 for Rs.110891-00 + Process Fee as arrears of land revenue (Annexure Nos. 1 & 2 respectively).
(ii)............
(iii)...........
(iv)..........."
2. We have heard learned counsel for the petitioner; Ms. Aprajita Bansal, Advocate for respondents no.1, 2 and 3 and Shri Raj Baksh Singh, learned counsel for respondents no.4 and 5/State.
3. Contention of learned counsel for the petitioner is that bill for consumption of electricity has been raised, even after electricity connection had been disconnected. In this regard, reference has been made to document Annexure - 4.
4. Learned counsel for the respondents has pointed out that bill is being raised only for the period while the electricity was being consumed by the petitioner. It has been highlighted that the petitioner was holding a commercial connection and therefore, is being charged for the same.
5. Be that as it may, learned counsel for the respondents has very fairly stated that there are disputed questions of fact. The entire record shall have to be referred to before taking a decision in regard to the dues payable by the petitioner.
It has been stated by learned counsel for the respondents that in case the petitioner makes a representation before Executive Engineer concerned, the Executive Engineer shall take a decision on the representation of the petitioner, in reference to the record, within a period of three weeks.
6. Having gone through the documents appended with the petition, we find that indeed there are seriously disputed questions of fact. The entire record shall have to be referred to before deciding the dues payable by the petitioner.
7. In view of the above, we deem it just and proper to dispose of this petition with liberty to the petitioner to make a representation to the Executive Engineer concerned.
We further provide that in case such a representation is made, the Executive Engineer shall take a decision thereon preferably within a period of three weeks of receipt of representation by passing a reasoned order.
8. The petition is disposed of.
Order Date :- 30.7.2019 Nishant/-