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Kayashth Pathshala Trust & Another v. State Of U.P. & Others - WRIT - C No. - 53205 of 2007  RD-AH 17279 (1 November 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. 3
Civil Misc. Writ Petition No. 53205 of 2007.
Kayashth Pathshala Trust, 12/4 Kamla Nehru
Road, Allahabad and another. ....... .... ...Petitioners.
State of U.P. and others. ....... ....... .... ...Respondents.
(Hon'ble Mr. Justice Amitava Lala and Hon'ble Mr. Justice V.C. Misra)
For the Petitioners : Sri S.D. Kautilya.
For the Respondents : Sri H.P. Dubey, &
Amitava Lala, J.-- This writ petition has been made by the trust known as Kayashtha Pathshala Trust, being petitioner no. 1, and the Principal of K.P. University College, being petitioner no. 2 herein, jointly for the purpose of redressal of grievance. It has been contended by the learned Counsel appearing for the petitioners that the entire account of the trust has been attached by the electricity authority due to non-payment of electricity dues although an appeal is pending before the appellate authority under Section 127 of the Electricity Act, 2003 from the year 2003 itself. It appears to us that Principal of said College, the petitioner no. 2 herein, is the consumer as per the bill but not the trust, which is petitioner no. 1 herein, therefore, the account of the trust can not be attached by the authority of the electricity department. But since the Chairman of the trust is ex-officio Chairman of the Committee of Management of the college, the college can recover any amount from the trust for the purpose of payment, if any, in case of necessity. In such circumstances, when we find that the appeal pending from 2003 is not being heard on account of non-deposit of statutory amount required for the purpose of preferring an appeal and since before amendment of the Electricity Act, 2003 with effect from 15th June, 2007 such statutory amount was 1/3rd of total dues and after the amendment it is 50% of the total dues, we direct that an amount equivalent to 1/3rd of the total dues will be deposited towards statutory amount within a period of one month from this date. Subject to deposit of such amount, the appeal will be heard expeditiously taking into account all the points including the point, which has been raised by the petitioner no. 2, that the institution is an educational institution and not a commercial institution and, therefore, the electricity charges should be borne in such manner, which is applicable in respect of the educational institutions. Thus, the writ petition is disposed of without calling for any affidavit in view of the provisions of Chapter XXII Rule 8 of the Allahabad High Court Rules, 1952, to which the learned Counsel appearing for the parties also agreed. As a consequential effect, the order of attachment dated 08th October, 2007, impugned in the writ petition, is quashed.
No order is passed as to costs.
However, in case of failure in making such deposit, as referred above, the electricity authority will be entitled to take appropriate steps in accordance with law against the consumer i.e. K.P. University College as well as against the controlling authority and/or owner of the property.
(Justice Amitava Lala)
(Justice V.C. Misra)
Dt./- 01st November, 2007.
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