Bhanu Dutt Pandey v. State of U.P. and 4 Others

Court No. - 40 Case :- WRIT - C No. - 31109 of 2023 Petitioner :- Bhanu Dutt Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- C.S.C.,Krishna Agarawal,Narendra Kumar Tiwari Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioner, Sri Devesh Vikram, learned Additional Chief Standing Counsel for State-respondent nos.1 to 4 and Sri Rajesh Kumar Mishra, Advocate holding brief of Sri N.K. Tiwari, learned counsel for respondent no.5.

¶2In response to order dated 13.9.2023 passed by this Court, Sri Mishra, learned counsel appearing for respondent no.5 has placed instructions dated 11.9.203 sent by Executive Engineer, Urban Electricity Distribution Division, Prayagraj. On the basis of said instructions, it is claimed by respondents that on complaint of petitioner, check meter has been installed at the premises of the petitioner and accordingly, correct bill of outstanding amount Rs.1,44,950/- is being raised against 2274 units. It is also apprised that the petitioner has deposited only Rs.14,515/- in the month of February 2019 and since then he has not deposited any monthly payment.

¶3Learned counsel for the petitioner submits that he has no grievance as the outstanding bill has already been quantified and in case in view of provisions of Clause 6.14 of the U.P. Electricity Supply Code, 2005 (hereinafter referrred as 'Code, 2005') easy installments is fixed, he will clear all the outstanding dues.

¶4Sri Mishra, learned counsel for respondent no.5 states that in case the petitioner approaches the Executive Engineer, Urban Electricity Distribution Division, Prayagraj, in view of aforesaid provision of Code, 2005 easy installments would be fixed therein.

¶5Considering the facts and circumstances and also in view of the fact that the amount has already been quantified as reflects from the instructions dated 11.9.2023, once the petitioner is inclined to clear all the outstanding amount, we find that no useful purpose would be served in keeping this petition pending and with the consent of the parties, we direct that in case, the petitioner approaches Executive Engineer, Urban Electricity Distribution Division, Prayagraj within a week's time along with a certified copy of this order, the fixation of easy installment be done keeping in view of the provisions of Clause

6.14 of the Code, 2005.

¶6With the aforesaid leave, the present writ petition stands disposed of. Order Date :- 2.11.2023 Manish Himwan High Court of Judicature at Allahabad