WPMS/167/2021
2021 Latest Caselaw 514 UK

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
        ON THE 25th DAY OF FEBRUARY, 2021
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


           Writ Petition (M/S) No. 167 of 2021


BETWEEN:
      Anil Singh                               ....Petitioner
      (Mr. Pankaj Goswami, Advocate)


AND:
      District Magistrate, Pithoragarh & others.
                                                ....Respondents
      (Mr. T.S. Phartiyal,   Additional C.S.C. for the     State of
      Uttarakhand/ respondent nos. 1 & 3)



                        JUDGMENT

Petitioner is aggrieved by the assessment made by Executive Engineer, Electricity Distribution Division, Pithoragarh, whereby he was asked to deposit a sum of ` 7,55,010/-. Petitioner is also aggrieved by the recovery citation dated 01.01.2021, issued by Tehsildar, Pithoaragarh.

2. In the counter affidavit, filed on behalf of respondent no. 2, a preliminary objection has been raised that petitioner has a remedy under Section 127 of the Electricity Act, 2003.

3. In view of such preliminary objection, writ petition is dismissed on the ground of alternative remedy with liberty to the petitioner to approach the Appellate Authority under Section 127 of the Electricity Act, 2003.

4. It is provided that if petitioner files Appeal under the aforesaid statutory provision within 15 days from today, the same shall be heard and decided on merits, by ignoring delay.

5. For a period of 15 days, no coercive action shall be taken against the petitioner.

(MANOJ KUMAR TIWARI, J.) Navin