Court No. - 38
Case :- WRIT - C No. - 2904 of 2019 Petitioner :- Sudhir Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Virendra Kumar Jaiswal Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari
Hon'ble Abhinava Upadhya,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State- respondents and Sri N.K.Tiwari, learned counsel appearing for respondent no.5.
Pursuant to the recovery of electricity dues notices were given to the petitioner but the petitioner failed to deposit the same and, therefore, the petitioner's property put to auction for which a date was fixed as 14.1.2019. What happened with regard to the said auction has not been stated by the petitioner in the writ petition. That apart, against the electricity dues the petitioner has remedy of filing an appeal under Section 127 of the Electricity Act.
So far as the pendency of criminal trial is concerned, that cannot be a reason to stop recovery of electricity dues. In case, the petitioner is aggrieved by any order with regard to recovery of electricity dues, the petitioner can approach the appellate authority under Section 127 of the said Act.
In view of the alternative remedy available to the petitioner, we are not inclined to interfere in the writ petition.
The writ petition is mis-conceived and it is, accordingly, dismissed.
Order Date :- 29.1.2019 SKM
(Dr.Y.K.Srivastava,J.) (Abhinava Upadhya,J.)