WPMS/2570/2021
2021 Latest Caselaw 4988 UK

Citation : 2021 Latest Caselaw 4988 UK
Judgement Date : 8 December, 2021

Uttarakhand High Court

WPMS/2570/2021 on 8 December, 2021

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
      ON THE 8TH DAY OF DECEMBER, 2021
                            BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

      WRIT PETITION (M/S) No. 2570 of 2021

BETWEEN:

Akram @ Madu.                                 ..........Petitioner
      (By Mohd. Safdar, Advocate)


AND:
Uttarakhand Power Corporation
Ltd. & another.                              ....Respondents
      (By Mr. N.S. Pundir, Advocate)


                         JUDGMENT

Petitioner is a consumer of electricity and order of assessment has been passed against him under Section 126 of Electricity Act, 2003.

2. According to the petitioner, he wants to deposit the amount as per the order of assessment, however, the concerned Executive Engineer is not accepting the amount offered by the petitioner in terms of the assessment. Thus, feeling aggrieved, petitioner has approached this Court seeking following relief:-

"I. Issue a writ order or direction in the nature of mandamus directing the respondents to permit the petitioners to deposit the amount of assessment of his electricity connection."

3. Mr. N.S. Pundir, learned counsel appearing for respondents was asked to get instructions. Today, on instructions, he submits that there are as many as three assessment

orders passed against petitioner and total amount, which petitioner is liable to pay is `5,02,586/- along with other charges. He further submits that petitioner has offered to pay only `76,179/- in respect of one assessment order and he has not offered to pay the amount in respect of other assessment orders.

4. Since petitioner has offered to pay the amount in terms of one assessment order, therefore, writ petition is disposed of with a direction to the concerned Executive Engineer to accept the amount, so offered by petitioner. Executive Engineer, however, shall be at liberty to proceed against the petitioner for recovery of the amount indicated in other assessment orders.

(MANOJ KUMAR TIWARI, J.) Navin