Aamreen v. State of U.P. and 2 Others

Court No. - 40 Case :- WRIT - C No. - 34661 of 2023 Petitioner :- Aamreen Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bashisth Narain Pandey,Dan Bahadur Counsel for Respondent :- G.A.,Narendra Kumar Tiwari Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioner, learned counsel for the Electricity Department and perused the record.

¶2By means of the instant petition, petitioner has prayed for following reliefs:- "(i) To issue writ, order or direction in the nature of mandamus directing the authority concerned to consider the grievances of the petitioner and provide domestic electricity connection to the petitioner according to law.

(ii) To issue any other suitable order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

(iii) award the cost of this writ petition in favour of the petitioner."

¶3At the very outset, learned counsel for the Electricity Department raised a preliminary objection regarding the maintainability of the instant petition by submitting that final assessment proceedings have already been finalized against the petitioner and in case the petitioner is aggrieved with the same, he has got alternative efficacious remedy to file an appeal under Section 127 of the Electricity Act. Therefore, the present writ petition is liable to be dismissed on the ground of statutory alternative remedy.

¶4Confronted with above, learned counsel for the petitioner could not overcome the same.

¶5Considering the aforesaid facts and circumstances of the case, we are not inclined to entertain this petition leaving it open to the petitioner to assail the legality and validity of the final assessment by means of filing an Appeal under Section 127 of the Electricity Act.

¶6With the aforesaid observations, the instant petition stands disposed of. Order Date :- 17.10.2023/Sachin High Court of Judicature at Allahabad