Allahabad High Court
Lalti Devi vs State Of U.P.Thru Prin.Secy. ... on 18 March, 2021
Bench: Ritu Raj Awasthi, Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- MISC. BENCH No. - 7255 of 2021
Petitioner :- Lalti Devi
Respondent :- State Of U.P.Thru Prin.Secy. Energy Lucknow & Ors.
Counsel for Petitioner :- Satya Prakash Mishra,Brijesh Kumar
Counsel for Respondent :- C.S.C.,Aprajita Bansal
Hon'ble Ritu Raj Awasthi,J.
Hon'ble Manish Mathur,J.
Heard learned counsel appearing for petitioner as well as Mr. Taran Agrawal, learned counsel holding brief of Ms. Aprajita Bansal, learned counsel for opposite parties no. 2 to 4 and learned Additional Chief Standing Counsel who has accepted notice on behalf of the opposite party no.1.
In view of order being proposed to be passed, notices to opposite party no.5 stand dispensed with.
The instant writ petition has been filed seeking following reliefs:-
"(i) Issue a writ order or direction in the nature of Mandamus commanding the opposite party no.1 to 4 to release the electricity connection in favour of the petitioner in her dwelling house described as House No.B-42/1-A, Vastum City New Garura, Kanpur Road District Lucknow after declaring the provisions as null and void prescribed under clause 4.1 of the Uttar Pradesh Electricity Supply Code 2005 creating a rider of submission of no dues certificate by the bonafide purchaser being ultra virus to the constitutional provisions.
(ii) Issue any other order or direction which this Hon'ble Court may deem fit, just and proper in the circumstances of the case.
(iii) Allow the writ petition alongwith cost."
Learned counsel for petitioner submits that under the similar facts and circumstances involving same controversy this Court at Allahabad vide judgment and order dated 06.03.2017 passed in Writ-C No.9766 of 2017 has disposed of the writ petition with certain observations.
The operative portion of the judgment and order dated 06.03.2017 (supra) for convenience is reproduced below:-
"In view of the statutory provision that has been holding the field, and in view of the dictum laid down by Co-ordinate Bench, we can not take a contrary view, as such, we are of the view that Electricity Department is absolutely right in not according electricity connection till in consonance with the 3rd proviso of the Electricity Supply Code, 2005 "No-Dues Certificate" is produced before authority concerned.
Learned counsel for the petitioner at last contended that whatever electricity dues are there, recovery citation is in favour of erstwhile owner of the house and she intends to make aforementioned deposit, as such liberty be accorded so that payments are made and the moment No-Dues Certificate is submitted, then consequential action be undertaken.
Consequently, in case entire recovery dues is deposited of erstwhile owner, and authorities on the spot are satisfied that entire electricity dues has been deposited, then No-Dues Certificate be issued as provided in clause 4.3.(f) of Electricity Supply Code, 2005 and further follow up action be taken.
With the above, writ petition stands disposed of."
Learned counsel for petitioner submits that she is ready to deposit the entire outstanding electricity dues. However, the opposite party shall issue the No-Dues Certificate immediately on deposit of the said outstanding amount without any further delay.
Writ petition is accordingly disposed of with observation that in case entire recovery dues is deposited of erstwhile owner and authorities on the spot are satisfied that entire electricity dues has been deposited then the No-Dues Certificate be issued as provided under Clause 4.3(f) of Electricity Supply Code, 2005 and further follow up action be taken.
(Manish Mathur,J.) (Ritu Raj Awasthi,J.)
Order Date :- 18.3.2021
Subodh/-
