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2025 DAILYLAW 165326 (ALL)

SANJAY KUMAR PANDHI AND ANOTHER v. CHAIRMAN U.P. STATE POWER CORPORATION LTD. SHAKTI BHAWAN LKO. AND 3 OTHERS

WRIC/9170/2025 · 2025-09-19

Manjive Shukla, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9170 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE MANJIVE SHUKLA, J. Heard Shri Ajjani Kumar Dwivedi, learned counsel for the petitioner, Shri Neerav Chitravanshi, learned counsel appearing on behalf of respondents no.1 and 2 and Shri Amarjeet Singh Rakhra, learned counsel respondents no.3 and 4. This captioned writ petition has been filed by the petitioner interalia praying the following reliefs : Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.1 to consider and decide the petitioner's representation dated 22.08.2024, (as contained in Annexure No.1 to this petition), as early as possible within a fixed time frame by this Hon'ble Court, in the interest of justice. i. Issue a writ, order or direction in the nature of Mandamus commanding to opposite parties, specially opposite party no.1 to take a clear decision (in a reasoned and speaking manner) for petitioners as well as several similarly situated residents of wave city providing a window for payment of electricity charges under the existing LMV-1 tariff and billing category, directly to the accounts of Licensee/ Deemed Licensee on the basis of bill provided to them and also to ensure that it should not be deposited to any third party/ private account, to safeguard their fundamental right to life under Article 21 of the Constitution of India in the interest of justice. ii. Issue a writ, order or direction in the nature of Mandamus directing opposite party no.1 to ensure for uninterrupted electric supply under the existing LMV-1 tariff and billing category, to the petitioner taking consideration of the deposition of the entire amount under provision of the Section 56 of the Electricity Act and also to ensure that opposite party no.1 shall develop a system for no harassment of petitioners as well as other several similarly situated persons by illegal threat by illegal discontinuation by UCHTDPL in any illegal manner beyond the electricity Act, in the interest of justice. iii. Learned counsel appearing for the petitioner submits that the petitioner for redressal of his grievances has preferred a representation before the Chairman/MD U.P.P.C.L. on 22.8.2025 but till date the said representation has not been considered and decided. Versus Counsel for Petitioner(s) : Anjani Kumar Dvivedi Counsel for Respondent(s) : Neerav Chitravanshi Sanjay Kumar Pandhi And Another .....Petitioner(s) Chairman U.P. State Power Corporation Ltd. Shakti Bhawan Lko. And 3 Others .....Respondent(s) Shri Neerav Chitravanshi and Shri Amrajeet Singh Rakhra, learned counsel for the respondents at the very outset had submitted that the representation filed by the petitioner before the Chiarman/MD, UPPCL is absolutely misconceived as the UPPCL does not have any role in the matter and the proper course for the petitioner is to file a claim before the U.P. Electricity Regulatory Commission at Lucknow and there his grievances can be properly redressed. Learned counsel appearing for the petitioner at this stage has submitted that he may be given liberty to file a proper case before the U.P. Electricity Regulatory Commission and a direction may be issued to the Commission to decide his case expeditiously. In view of the aforesaid submissions made by the learned counsel appearing for the parties, we provide that the petitioner may file a representation before the U.P. Electricity Regulatory Commission, Lucknow within two weeks from today and if that representation is filed same shall be considered and decided by passing a reasoned and speaking order within a period of two months thereafter. With the aforesaid the writ petition is disposed of. September 19, 2025 mks WRIC No. 9170 of 2025 2 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench