Court No. - 21
Case :- WRIT - C No. - 10644 of 2018 Petitioner :- Ummed Ali Respondent :- Chief Engineer, Paschimanchal Vitaran Nigam Ltd Ghaziabad And Another Counsel for Petitioner :- Ashish Kumar Singh Counsel for Respondent :- Chandan Agarwal
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioner and Sri Anshul Singhal holding brief of Sri Chandan Agarwal who has accepted notice on behalf of respondents no. 1 & 2.
Learned counsel for the petitioner submits that very often for the last one year, the officials of respondent no. 2 threatened the petitioner to disconnect the electricity line on the ground that there is some outstanding bill of the year 2009. Learned counsel for the petitioner further submits that in all sincerity, petitioner approached the authority on a number of occasions for providing copy of the bills so that after ensuring if it is found that there were unpaid bills he may produce the receipts and even representation made by him in this regard has met with no result.
We find it really strange how the officials of respondent no.
2 can demand any payment from the consumer of the electrical energy without raising any bill. We are also astonished that even if the said bill is outstanding how the same is being demanded after expiry of a period of two years once the said sum has not been shown continuously as recoverable in the subsequent bills in view of Clause 6.15 of the Electricity Code, 2005 read with Section 56(2) of the Electricity Act, 2003.
From the pleadings, we find that the petitioner has already made various representations but no decision has been taken.
Sri Anshul Singhal appearing learned counsel for respondents no. 1 & 2 fairly states that in case any representation made by petitioner is pending adjudication or even if he makes a fresh representation with respect to his grievances before the respondent no. 2, Executive Engineer the said authority shall proceed to consider the same in accordance with law expeditiously.
Considering the facts, writ petition stands disposed of giving liberty to the petitioner to make a fresh representation ventilating his grievances before the respondent no. 2, Executive Engineer along with a certified copy of this order within two weeks from today, with the direction to the said authority that in case any such representation is made, he shall consider and decide the same in accordance with law by means of a reasoned and speaking order within a further period of four weeks from the date of making of the representation.
Needless to say, the issue whether the unpaid bills of 2009 can be recovered in 2018 and that too, without issuing any bill and threatening of disconnection of the petitioner shall be addressed by the respondent no. 2 in his order.
Order Date :- 27.3.2018 nd