DOOLAM KANAUJIYA v. STATE OF U.P. THRU. PRIN. SECY. ENERGY LKO AND 3 OTHERS
WRIC/8157/2025 · 2025-08-26
Brij Raj Singh, Sangeeta Chandra
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 159206 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159206 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8157 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent no.1 and Ms. Aprajita Bansal, who appears on behalf of the Opposite party nos.2 to 4, MVVNL. 2. This petition has been filed by the petitioner for the following main prayers:-
"i) Issue a writ, order or direction in the nature of Certiorari quashing the provisional assessment notice dated 08.06.2022 issued by Opposite party no.3 under Section 126 of the Electricity Act, 2003, contained in Annexure No.1 to the writ petition. ii) Issue a writ, order or direction in the nature of Certiorari quashing the Checking Report dated 22.04.2022, contained in Annexure No.7 to the writ petition. iii) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite party nos.3 and 4 to grant domestic Electricity connection in respect of his house / premises at House No.3, Khasra No.508, New Durgapuri Colony, Santpuram, Shaheed Bhagat Singh Ward, Police Station Indira Nagar, District Lucknow, on general rate without charging the extra charge of estimate. Versus Counsel for Petitioner(s) : Vashu Deo Mishra, Sourabh Mishra Counsel for Respondent(s) : C.S.C., Aprajita Bansal Doolam Kanaujiya .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Energy Lko And 3 Others .....Respondent(s)
iv) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite party nos.3 and 4 to realize the assessment charges, if any, in easy installment alongwith the monthly electricity bill of the petitioner. v) Issue any other appropriate writ, order or direction which the Hon'ble Court may deem fit, just and proper under the circumstances of the case, may also be passed in favour of the petitioner. vi) And Allow the writ petition with cost."
3. It has been submitted by the learned counsel for the petitioner that the petitioner is a poor washer-man and he had no knowledge of any checking of his premises on 22.04.2022. He has not given any Provisional Assessment or Final Assessment. He moved an application for domestic electricity connection and on such application being moved he was informed that there are certain dues pending against him in pursuance of Final Assessment dated 02.06.2022. 4.
Now the Respondents are asking for Rs.1,20,470/- from the petitioner to give domestic electricity connection to him. 5. Ms. Aprajita Bansal on the basis of instructions says that a raid was conducted on 20.04.2022 and the petitioner's premises were found to be using electricity unauthorizedly. The Provisional Assessment was given to the petitioner on 06.05.2022, he did not file any Representation against the same. A Final Assessment of Rs.68,458/- was given to him on 08.06.2022. The petitioner applied for fresh domestic electricity connection. At the time, when the electricity connection was applied for, there was no electrification in the area and therefore, an estimate of Rs.1,20,419/- was given to him. Now, Electrification of the area where the petitioner is living, has been done by the Madhyanchal Vidyut Vitran Nigam Limited and he has only to deposit the dues as per the Final Assessment order dated 08.06.2022 alongwith penal interest, if any, and also some money needs to be deposited for electricity wire and meter to be given to the petitioner from the poll which is near his house. WRIC No. 8157 of 2025 2
6. This writ petition is disposed of with a direction to the petitioner to approach the office of the Executive Engineer, the Opposite party no.3, and deposit all dues as are shown against him as per the Final Assessment order dated 08.06.2022. The Executive Engineer shall ask the Sub Divisional Officer to submit an estimate regarding the amount that would be needed to give him a fresh domestic connection and an electricity meter on his premises only thereafter. 7. The SDO shall submit a revised estimate to the Opposite party no.3 within a period of two weeks of the deposit of earlier dues as shown in the Final Assessment Order dated 08.06.2022.
As and when the petitioner pays the amount that is necessary for giving him a new domestic electricity connection and meter, the respondents shall ensure that electricity connection is given to the petitioner within a period of four weeks thereafter. August 26, 2025 N.PAL WRIC No. 8157 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench