VINOD KUMAR KANCHAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF ENERGY LKO. AND 2 OTHERS
WRIC/6066/2025 · 2025-06-24
Alok Mathur, Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147392 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147392 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36225-DB Court No. - 2 Case :- WRIT - C No. - 6066 of 2025 Petitioner :- Vinod Kumar Kanchan Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Energy Lko. And 2 Others Counsel for Petitioner :- Sudhir Kumar Singh,Abhishek Singh Counsel for Respondent :- C.S.C.,Aprajita Bansal Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Shri Sudhir Kumar Singh, learned counsel for the petitioner as well as learned Standing Counsel on behalf of the respondent no.1 and Ms. Sheeya holding brief of Ms. Aprajita Bansal, learned counsel for respondents no.2 and 3.
2. The controversy in the present case arisen out of proceeding initiated under Section 135 of the Indian Electricity Act where there are allegations of theft of electricity by the petitioner. In this regard, a provisional bill was given to the petitioner on 22.05.2025 raising a demand of Rs.150760/-. The petitioner preferred objections to the provisional assessment and finally by means of the order dated 16.06.2025, final assessment was made raising a demand of Rs.116512/-. The petitioner in the present writ petition has challenged final assessment order dated 16.06.2025.
3. At the very outset, the counsel for the Electricity Department has informed this Court that the petitioner has efficacious remedy of filing an appeal under Section 127 of the Electricity Act, 2003, to which the counsel for the petitioner does not dispute the legal proposition and submits that he may be granted liberty to file an appeal under Section 127 of the Electricity Act. The only argument raised by the petitioner is
that the Electricity has been disconnected and once the petitioner files an appeal under Section 127 of the Electricity Act and complies with the provisions of sub clause (2) of Section 127 by depositing half of the disputed amount, the respondents may be directed to reconnect the electricity connection. 4 Considering the grievance raised by the petitioner, the present writ petition is disposed of by granting liberty to the petitioner to file an appeal against the final assessment order dated
16.6.2025. It is further provided that in case, the petitioner complies the provision contained under Section 127(2) of the Electricity Act, 2003 and moves an application for re connection before the appellate authority, the appellate authority shall consider the said application and pass suitable
order for re connection forthwith and not later than one week from the date of presentation of the appeal.
5. With the aforesaid directions, the petition stands dispose of. (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.)
Order Date :- 24.6.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench