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Allahabad High Court · body

2017 DIGILAW 2242 (ALL)

Vimal Gupta v. Executive Engineer, Dakshinanchal Electricity Dist. Nigam

2017-09-21

DILIP B.BHOSALE, YASHWANT VARMA

body2017
JUDGMENT : 1. Heard Sri Vijay Singh Gaur, learned counsel for the petitioner and Shri Baleshwar Chaturvedi, learned counsel for the respondent. 2. The petitioner, a consumer of the first respondent, has been provisionally assessed for having extracted electricity unauthorisedly. Pursuant to the provisional assessment, the respondents have also raised a demand against him. 3. We find that the U.P. Electricity Supply Code 2005 puts in place a detailed mechanism for adjudication and disposal of such disputes and claims. The procedure prescribed under the Code would therefore have to be followed by the petitioner in case he chooses to challenge the assessment on merits. 4. In respect of the prayer of the petitioner for restoration of the electricity connection, learned counsel for the respondent submitted that in case the petitioner deposits 50% of the total amount claimed as due and payable within reasonable time, the respondent would consider his prayer for restoration and re-connection. 5. Accordingly and with the consent of parties, this writ petition shall stand disposed of with a direction providing that the petitioner shall deposit 50% of the total amount claimed as due and payable within a period of two weeks from today. If such a deposit is made, the first respondent may consider the claim of the petitioner in accordance with law and pass appropriate orders in respect thereof with expedition.