Court No. - 3
Case :- WRIT - C No. - 28246 of 2021 Petitioner :- Sujit Kumar Singh @ Bablu Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vijendra Tripathi Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. Challenge has been raised to electricity dues Rs.4,11671/- being pressed against the petitioner.
3. According to the petitioner, he had not committed any theft and thus disputes the bill. On the other hand, respondents contend that the allegation of theft of electricity is duly supported with evidence.
4. At present, petitioner has been visited with demand notice dated 25.05.2019. It also appears that the petitioner has not been confronted with adverse material and has yet not been properly heard.
5. Accordingly, the writ petition is disposed of with the following directions:
(i) subject to the petitioner depositing a sum of Rs.1,11,670/- within a period of two weeks from today i.e. not later than 15 November 2021, the respondent no. 5 shall make available to the petitioner all adverse material that is being relied in support of the communication dated 25.05.2019 (annexed as Annexure No. 5 to the petition);
(ii) upon being thus confronted with the adverse material, the petitioner shall have a right to file a detailed objection within a further period of two weeks therefrom annexing therewith all material as the petitioner may seek to rely on;
(iii) upon receipt of such objection, the said respondent no.5 shall fix a date for hearing in the matter within a period of two weeks therefrom and pass appropriate and reasoned order, strictly in accordance with law, after hearing the parties within a period of one month therefrom.
For a period of three months from today or till disposal of the aforesaid objection, whichever is earlier, no coercive measure shall be adopted against the petitioner, subject to his complying with the terms of this order.
All further recovery shall abide by the decision to be made by the respondent no.5.
Order Date :- 28.10.2021 Vivek Kr.