Research › Search › Judgment

Allahabad High Court · body

2010 DIGILAW 1518 (ALL)

Shyam Sunder Ahuja v. State Of U. P. Thru. Secr. Power & Energy

2010-05-10

S.C.AGARWAL, SATYA POOT MEHROTRA

body2010
JUDGMENT The present Writ Petition has been filed by the petitioner, interalia, praying for issuance of direction to the respondent no.3 to proceed with One Time Settlement in respect of the electricity dues due from the petitioner, and further directing the respondents-authorities to exempt the petitioner from surcharge, taxes and other charges except electricity charges. 2. It appears that the petitioner has taken electricity connection for domestic use. A Bill dated 25.1.2010 (Annexure-2 to the Writ Petition) was issued to the petitioner showing an amount of Rs. 1,04,401/- as due from the petitioner. As per the said Bill, the said amount consisted of Rs. 40,739.31 in respect of arrears of the electricity charges, Rs. 453.42 in respect of arrears of the electricity tax and Rs. 61, 597.86 in respect of arrears of surcharge. 3. On 21.1.2010 the petitioner had deposited a sum of Rs. 34,264/- as is evident from Annexure-3 to the Writ Petition. 4. It is averred in paragraph 11 of the Writ Petition that the said deposit of Rs. 34,264/- was adjusted by the respondents-authorities towards the arrears of surcharge due from the petitioner. After the said adjustment, a Bill dated 24.3.2010 (Annexure-5 to the Writ Petition) was issued to the petitioner showing an amount of Rs. 71758/- as due from the petitioner. The said amount consisted of Rs. 41,099.31 in respect of arrears of electricity charges, Rs. 467.82 in respect of arrears of electricity tax and Rs. 28,569.65 in respect of arrears of surcharge. 5. In the meantime, it appears that on 27.2.2010 the petitioner applied for the benefit of One Time Settlement Scheme and deposited Rs. 1000/- for registration in the said Scheme. Copy of the receipt dated 27.2.2010 has been filed as Annexure-4 to the Writ Petition. 6. We have heard Shri S.P. Pandey, learned counsel for the petitioner and Shri Pankaj Dubey holding brief for Shri H.P. Dube, learned counsel for the respondent nos. 2 and 3. 7. It is submitted by Shri S.P. Pandey that the petitioner having got himself registered under the One Time Settlement Scheme, the amount of surcharge, mentioned in the aforesaid Bill dated 24.3.2010 (Annexure-5 to the Writ Petition), is liable to be waived. 8. Shri Pankaj Dubey holding brief for Shri H.P. Dube, learned counsel for the respondent nos. 7. It is submitted by Shri S.P. Pandey that the petitioner having got himself registered under the One Time Settlement Scheme, the amount of surcharge, mentioned in the aforesaid Bill dated 24.3.2010 (Annexure-5 to the Writ Petition), is liable to be waived. 8. Shri Pankaj Dubey holding brief for Shri H.P. Dube, learned counsel for the respondent nos. 2 and 3, on the basis of the instructions received, submits that in view of the registration got done by the petitioner under the One Time Settlement Scheme by making deposit of Rs. 1000/- on 27.2.2010, the petitioner is entitled to the benefit of the said Scheme, and as such, the amount of Rs. 28,569.65, mentioned as arrears of surcharge in the aforesaid Bill dated 24.3.2010, is liable to be waived provided the petitioner deposits Rs. 467.82 in respect of arrears of electricity tax and Rs. 41,099.31 minus Rs. 1000/- , i.e. Rs. 40,099.31 towards the arrears of electricity charges on or before 15.5.2010. Shri Dube clarifies that Rs. 1000/- deposited by the petitioner for registration under the said Scheme is liable to be adjusted towards the arrears of electricity charges, and the same will thus be adjusted. 9. In view of the submissions made by the learned counsel for the parties, we are of the opinion that interest of justice would be subserved if the Writ Petition is disposed of with the following directions: (1) The petitioner will deposit Rs. 40,099.31 towards arrears of electricity charges + Rs. 467.82 towards the arrears of electricity tax, i.e.,? a total sum of Rs. 40,567.13 on or before15.5.2010 before the respondent no.3. (2) In case the petitioner deposits the aforesaid amount, as mentioned above, the arrears of surcharge, namely,Rs.28,569.65, as shown in the aforesaid Bill dated 24.3.2010 (Annexure-5 to the Writ Petition), will be waived, and the petitioner will not be required to deposit the said amount. (3) In case the petitioner fails to make the deposit, as mentioned above, the respondents - authorities will be at liberty to proceed against the petitioner in accordance with law. 10. The Writ Petition is accordingly disposed of with the aforesaid directions.