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Allahabad High Court · body

2014 DIGILAW 2946 (ALL)

Santosh Kumar Trivedi v. U. P. Power Corporation Ltd. Thru. Managing Director

2014-09-22

D.Y.CHANDRACHUD, DEVENDRA KUMAR UPADHYAYA

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JUDGMENT Devendra Kumar Upadhyaya, J. The petitioner has sought to raise a dispute in respect of the bills for the payment of electricity. Under Para 6.5 of the Electricity Supply Code 2005, a remedy is available before the competent authority which, according to the learned counsel for the respondents, is the Executive Engineer. The petitioner has already submitted a representation to the Executive Engineer. Hence, we direct the Executive Engineer, namely, the second respondent to take a decision in accordance with law on the representation submitted by the petitioner within a period of one month of the receipt of a certified copy of this order. 2. We also direct that until 31 October 2014 or until the disposal of the representation, whichever is earlier, no coercive steps shall be taken for the recovery of the dues. 3. Since the petitioner has also prayed that the electricity connection may be permanently disconnected and that there was no electric supply to the premises of the petitioner at the relevant time, the Executive Engineer, while disposing of the representation, may also take into account these aspects. 4. Moreover, it has also been stated that the petitioner has applied for One Time Settlement. We clarify that we have left it open to the Executive Engineer, i.e. the second respondent to also consider this aspect while disposing of the representation. 5. The petition is, accordingly, disposed of. There shall be no order as to costs.