Court No. - 34
Case :- WRIT - C No. - 27147 of 2006 Petitioner :- U.P. State Road Transport Corporation Respondent :- U.P. Power Corproation Ltd. and others Counsel for Petitioner :- Avanish Mishra,Rahul Agarwal,W.H. Khan Counsel for Respondent :- W.H. Khan,S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Om Prakash-VII,J.
1. Heard Sri Deepak Kumar Singh, Advocate holding brief of Sri Rahul Agarwal, learned counsel for petitioner and perused the record.
2. Petitioner has filed the present writ petition alleging that respondent-Electricity Supplier has recovered excess amount of Rs. 2,82,898/- from petitioner and, therefore, this writ petition has been filed seeking a writ of mandamus directing respondent-Electricity Supplier to refund said excess amount along with 12 % interest.
3. Counsel for petitioner could not dispute that in case respondents have recovered any amount in excess, statutory remedy is available to petitioner under the provisions of Electricity Act, 2003 (hereinafter referred to as "Act, 2003") and Rules and Regulations framed therein and respondents- authorities can always adjust the amount in future bills.
4. In view thereof, since petitioner has alternative remedy under the said Act and Rules and Regulations framed thereunder, therefore, writ petition is dismissed on the ground of alternative remedy.
Order Date :- 30.10.2018 Siddhant Sahu