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2025 DAILYLAW 135329 (ALL)

MADHYANCHAL VIDYUT VITRAN NIGAM LTD. THRU. M.D. and ANR. v. ASHOK KUMAR and ANR.

WRIC/23643/2020 · 2025-05-14

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28324 Court No. - 6 Case :- WRIT - C No. - 23643 of 2020 Petitioner :- Madhyanchal Vidyut Vitran Nigam Ltd. Thru. M.D. And Anr. Respondent :- Ashok Kumar And Anr. Counsel for Petitioner :- Amarjeet Singh Rakhra Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner. No one appears on behalf of the respondent despite service of notice. 2. The present petition has been filed challenging an order dated 20.10.2020 passed by the Consumer Grievance Redressal Forum, Lucknow whereby, the application of the respondent in respect of the assessment made under Section 126 of the Electricity Act was decided. 3. The concrete contention of the Counsel for the petitioner is that in view of the Clause 5.1 of the U.P. Electricity Regulatory Commission, 2007, there is a specific bar provided that a forum shall not entertain a complaint if it pertains to the matters mentioned in Sections 126, 127, 128, 135 to 139, 143, 152 and 161 of the Electricity Act, 2003. 4. Considering the specific bar and the matter being considered by the Hon'ble Supreme Court in the case of Southern Electricity Supply Company of Orrisa vs Sri Sitaram Rice Mill: (2012) 2 SCC 108, clearly the order is without jurisdiction and is set aside. The writ petition is allowed. 5. However, the respondent would be at liberty to challenge the order under Section 127 of the Electricity Act by approaching the appellate forum, if he so advised. 6. In case, the appeal is filed within a period of one month from today, the same shall be considered and decided in accordance with law. It is made clear that the same shall not be dismissed on the ground of limitation. Order Date :- 14.5.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench