Lata Prasad vs Madhyanchal Vidyut Vitran Nigam ...
2019 Latest Caselaw 6627 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- MISC. BENCH No. - 20991 of 2019
 

 
Petitioner :- Lalta Prasad
 
Respondent :- Madhyanchal Vidyut Vitran Nigam Ltd. Thru M.D./Chairman &Ors
 
Counsel for Petitioner :- Rajiva Dubey
 
Counsel for Respondent :- C.S.C.,Rajiv Singh Chauhan
 

 
Hon'ble Ajai Lamba,J.

Hon'ble Narendra Kumar Johari,J.

(Oral)

1. This petition seeks issuance of a writ in the nature of certiorari quashing citation dated 30.5.2019 issued by Tehsildar, Lakhimpur, district Lakhimpur Kheri (respondent No.4), appended as Annexure-1 to the writ petition, and demand notice dated 24.4.2018, contained in Annexure No.2 to the petition.

2. The case set up on behalf of the petitioner is that the petitioner took a commercial connection for supply of electricity of 11 Horse Power for running his flour mill on 11.8.2011.

It has been pleaded in the petition that the petitioner has always made deposit(s) as per electricity bills.

It has been stated in para 8 of the petition that on 27.2.2018, First Information Report No.0095 dated 27.2.2018 for committing offence under Section 135 of the Electricity Act, 2003 was registered in regard to an incident of 19th February, 2018. Document/First Information Report has been appended on record as Annexure-4.

3. Perusal of the First Information Report indicates that there is an allegation against the petitioner of theft of electricity by way of putting a cable on the pole for direct supply of electricity, while bypassing the meter. The cable was recovered in due process of law as per the First Information Report.

The criminal case is still pending.

4. Order, Annexure No.2 dated 24.4.2018 provides that in case the petitioner does not make payment of Rs.12,37,824/-, he shall be proceeded against and recovery would be affected as arrears of land revenue. The impugned order dated 30.5.2019 (Annexure-1) appears to be a citation issued for recovery as arrears of land revenue, which has been challenged by virtue of this petition.

5. We find that Annexure-1 has been issued in consequence to the demand raised vide Annexure No.2 dated 24.4.2018.

The petition does not detail as to under what circumstances order dated 24.4.2018 was not challenged within reasonable time before the authorities; or before the writ Court. No explanation for delay is coming forth.

6. The petition is dismissed, however, with liberty to file afresh.

Order Date :- 1.8.2019

kkb/