Court No. - 39
Case :- WRIT - C No. - 3101 of 2019 Petitioner :- Udayveer Singh And Another Respondent :- Dakshinanchal Vidyut Vitaran Nigam Ltd. And Another Counsel for Petitioner :- Kailash Nath Kesharwani Counsel for Respondent :- Baleshwar Chaturvedi
Hon'ble B. Amit Sthalekar,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Kailash Nath Kesharwani, learned counsel for the petitioners and Sri Baleshwar Chaturvedi, learned counsel for the respondents.
The petitioners in the writ petition are seeking a direction to the respondents to cancel the old bills and issue a fresh bill as per the notification dated 7.12.2017. The petitioners are stated to be consumers of unmetered connection in the category of LMV-I (Rural).
The allegation of the petitioners is that when they received some inflated bills, they made a representation before the respondent for correcting the bills but the respondent authority instead of correcting the bills lodged a first information report against them. Aggrieved, they had filed a criminal misc. writ petition no. 22218 of 2017 which was disposed of by the High Court with a direction to them to file a fresh representation, with a further direction to the concerned authority to decide the representation within one month. It was further directed that for a period of one month or till submission of the police report under Section 173(2) Cr.P.C., the petitioners shall not be arrested.
It is stated that thereafter, the petitioners have submitted a representation before the Executive Engineer, Electricity Distribution Division, Dakshinanchal Vidyut Vitaran Nigam Ltd., Auraiya, respondent no. 2 through registered post dated 10.12.2017, copy of which has been filed as annexure-6 to the writ petition, but no order has been passed thereon and instead the electricity bill along with disconnection notice has been issued.
No useful purpose would be served by keeping the matter pending.
We dispose of the writ petition with a direction that if the petitioners appear before the Executive Engineer, Electricity Distribution Division, Dakshinanchal Vidyut Vitaran Nigam Ltd., Auraiya, respondent no. 2 on 06.02.2019 at 11 a.m. along with their copy of representation, annexure-6 to the writ petition, and a certified copy of this order, the respondent no. 2 shall hear the petitioners and thereafter, decide their representation in accordance with law within a further period of fifteen days.
It is made clear that the Court has not adjudicated the claim of the petitioners on merit.
Order Date :- 29.1.2019 nd