Mahipal vs Electricity Ombudsman And ...
2022 Latest Caselaw 18775 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 29083 of 2015
 

 
Petitioner :- Mahipal
 
Respondent :- Electricity Ombudsman And Another
 
Counsel for Petitioner :- Bidhan Chandra Rai
 
Counsel for Respondent :- Baleshwar Chaturvedi
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Rajendra Kumar-IV,J.

Heard Sri Deepak Kumar Pandey holding brief of Sri Bidhan Chandra Rai, learned counsel for the petitioner.

This writ petition has been filed praying for the following relief:

"i. issue an appropriate writ, order or direction in the nature of certiorari calling for the records and to quash the order of Respondent No.3 dt. 23.02.2015 (Annexure No.7 to the writ petition);"

The impugned order dated 23.02.2015 has been passed by Electricity Ombudsman in Representation No.179 of 2014 (Adhishashi Abhiyanta vs. Mahipal), which has been challenged by the petitioner on the ground that it is wholly without jurisdiction.

Today, we have passed a detailed judgment in Writ-C No.10452 of 2018, and following the law laid down by Hon'ble in Civil Appeal No.7465 of 2021(U.P. Power Corporation Ltd. and others vs. Kisan Cold Storage and Ice Factory and others) decided on 07.12.2021, we have quashed the order of Electricity Ombudsman holding it to be without jurisdiction.

In view of the aforesaid, the impugned judgment being without jurisdiction cannot be sustained and is hereby quashed. The writ petition is allowed.

Order Date :- 24.11.2022

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