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Smt. Shiv Devi v. State Of U.P. And Others - WRIT - C No. 9048 of 2006 [2006] RD-AH 3607 (15 February 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This petition has been filed for quashing the citation issued by the Tehsildar, Tehsil Bhognipur, District Kanpur Dehat. The said citation has been issued as the petitioner did not make the payment of the electricity bills supplied to him by the respondent Corporation.

We have heard learned counsel for the petitioner and Sri W.H. Khan appearing for the respondents and have perused the materials available on record.

The facts clearly show that there was a dispute regarding the bills under Clause 6.5 of the Electricity Supply Code, 2005. The petitioner could have approached the competent authority but it appears that the petitioner has not availed of this remedy as a result of which the citation has been issued.

In view of the peculiar facts and circumstances of the case and after hearing learned counsel for the parties, we are of the opinion that in case the petitioner files a representation before the competent authority under the provisions of Clause 6.5 of the Electricity Supply Code, 2005 for redressal of the grievances regarding the accuracy of the bills sent by the Corporation, the same shall be decided in accordance with law preferably within a period of four weeks from the date a certified copy of the order is produced by the petitioner before the competent authority.

However, as the citation has been issued, we direct that the recovery under the aforesaid citation shall not be made till the disposal of the representation filed by the petitioner provided he deposits 1/3 of the outstanding amount due under the citation  within a period of 10 days. Recovery, if any, of any balance amount shall abide by the decision taken on the representation of the petitioner.  

Subject to the observations made above, the petition is disposed of.

Let a copy of the order be made available to the learned counsel for the petitioner on payment of usual charges by tomorrow.




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