High Court of Judicature at Allahabad
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M/S Gungan Ice And Cold Storage Pvt. Ltd. v. Dakshinanchal Vidyut Vitran Nigam Ltd. And Others - WRIT - C No. 68710 of 2006  RD-AH 21550 (21 December 2006)
Hon.Shishir Kumar, J.
We have heard learned counsel for the petitioner Sri S.D.Kautilya and Sri Rajnit Saxena, counsel for the respondents.
By the impugned order dated 17.10.2006, the petitioner has been put to a liability of Rs.1,33,590.00 on the ground that an inspection was made and the petitioner was using direct supply and the total period is 247.50 hours. Petitioner submits that the aforesaid order has been passed and the liability has bee fixed upon the petitioner without any notice and opportunity. Though the petitioner has submitted an application giving the detailed particular to this effect. The same has not been considered and the impugned order has been passed without any notice and opportunity to the petitioner.
We have perused the order. It clearly appears that the order has been passed without any notice and opportunity to the petitioner.
In such circumstances, we direct that in case the petitioner submits an objection/representation annexing the relevant documents according to the amended Supply Code 6.5 within a period of two weeks, the respondent No.3 i.e. Executive Engineer, (Revenue) Electricity Distribution Division, Dakshinanchal Vidyut Vitran Nigam limited, Shikohabad, district Firozabad is directed to consider the grievances of the petitioner on the basis of the objection submitted according to Code 6.5 of the Amended Supply Code of 2005 within a period of two months from the date of production of the certified copy of the order.
For a period of three months, there will be no recovery against the petitioner.
With these observations the writ petition is disposed of.
There shall be no order as to costs.
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