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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35943 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondent No.1 and Sri Alok Mishra, learned counsel for the respondents No.2 to 4. 2. The petitioner by means of the present writ petition has prayed for the following reliefs:-
"I. Issue, a writ, order or direction in the nature of 3 to mandamus directing the respondent no. sanctioned the electricity connection for domestic use forthwith or within stipulated period of time before this Hon'ble Court. II. To issue any other writ, order or direction which this Hon'ble court may deem fit and proper in the facts and circumstances of the case. III. Award the cost of the petition to the Petitioners."
3. For the aforesaid relief, the petitioner has already approached the District Consumer Disputes Redressal Commission, Aligarh by means of a complaint registered as Complaint Case No.124 of 2025. The District Consumer Disputes Redressal Commission, Aligarh has passed an order dated 04.08.2025 which reads as under:-
"Complainant present and moved application to supply the electricity at her premises through transformer installed at the distance of 10M away from her premises from which electricity is being supplied to my neighbors and to punish the servants /officers who are guilty. Versus Counsel for Petitioner(s) : Nitin Chandra Mishra, Sudhansu Chaturwedi Counsel for Respondent(s) : Alok Mishra, C.S.C. Shamim Fatima .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
Op's parokar filed objection against application under section 38(8) of the Act, 2019. Copy was received by the complainant. It appears from the record that on 7.7.2025 op was directed by interim order u/s 38(8) of the Act to sanction electricity connection at the premises of the complainant and on failure to pay penalty Rs.50per day for each day default. The order was not complied with and on 21.7.2025 op was further directed to comply with the order dated 7.7.2025failing which penalty of Rs.50 per day for each day default and prosecution u/s 72 of the Act shall be followed. Till today compliance of the order dated 7.7.2025 was not done and the written objection against the application u/s 38(8) filed today whereas order was already passed on 7.7.2025 and that day oral objections were raised by Id.Standing Counsel.
Now there is no occasion for filing the objections which are not admissible now. In view of facts and circumstances op is directed to comply with the order dated 7.7.2025 without fail and on failure to do so, op shall be liable to face consequences of non-compliance of order u/s 72 of the Act. Let the order be sent to op for compliance."
4. In the order dated 04.08.2025, it is provided that in case non-compliance of the order, the respondent shall face consequence for non-compliance of the order under Section 72 of the Consumer Protection Act, 2019. 5. The petitioner has also remedy of filing execution case under Section 71 of the Consumer Protection Act, 2019. 6. Since, the petitioner has already obtained an order in his favour by a competent court, therefore, we are not inclined to grant the relief as prayed for by her. 7. Accordingly, we dispose off the writ petition with liberty to the petitioner to get the order dated 04.08.2025 of the District Consumer Disputes Redressal Commission, Aligarh executed. October 15, 2025 SS WRIC No. 35943 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad