Kripa Shanker v. State of U.P. Thru. Distt. Collector Unnao and 2 Others

Court No. - 2 Case :- WRIT - C No. - 6057 of 2025 Petitioner :- Kripa Shanker Respondent :- State Of U.P. Thru. Distt. Collector Unnao And 2 Others Counsel for Petitioner :- Surya Narayan Singh,Ajit Singh Counsel for Respondent :- C.S.C., Aprajita Bansal Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal, J.

¶1Heard Sri Apurva Pal holding brief of Sri Surya Narayan Singh for the petitioner, learned Standing counsel for the State - respondent No.s 1 and 2 and Sri Karan Agarwal holding brief of Ms. Aprajita Bansal for respondent No.3.

¶2It has been submitted on behalf of the petitioner that the petitioner is a marginal farmer and had obtained electricity connection for agricultural purposes and bill was submitted to the petitioner for an amount of Rs.78, 647/-. As the said amount could not be paid recovery proceedings have been initiated by the respondents.

¶3Learned counsel for the petitioner does dispute the said bill apart from which he is ready and willing to pay the same but due to financial difficulties and also considering the fact that he is a marginal farmer he is not in a position to pay the entire amount in one go and prays that the same may be recovered from him in installments.

¶4Learned counsel appearing for the Electricity Department has submitted that provision for payment of outstanding amount in installments has already been provided for in clause 6.14 of the Electricity Supply Code. 2005. It was stated that in case the petitioner moved appropriate application before the Executive Engineer the prayer of the petitioner can be duly considered and granted.

¶5At this stage, learned counsel for the petitioner submits that he may be permitted to move appropriate application before Executive Engineer who may be directed to consider and decide the grievance of the petitioner and provide payment of outstanding amount in installments.

¶6Accordingly, with the consent of the parties, the petition is disposed of with a direction to the petitioner to deposit an amount of Rs.15,000/- within next three weeks and along with the said amount he is directed to move appropriate application under Section 6.14 of the Code of 2005 before the Executive Engineers concerned who on receipt of the said representation / application shall consider and decide the same expeditiously in accordance with law and permit him to deposit the outstanding amount in installments.

¶7It is made clear that in case the petitioner deposits Rs.15,000/- as directed by this Court no recovery proceedings shall be taken against him in pursuance of the notice of recovery.

¶8It is further made clear that in case the petitioner does not deposit the said amount the benefit of this order shall not be available to him and the authorities shall be at liberty to recover the amount in accordance with law. (Arun Kumar Singh Deshwal, J.) (Alok Mathur, J.) Order Date :- 24.6.2025 RKM. High Court of Judicature at Allahabad, Lucknow Bench