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2025 DAILYLAW 27122 (ALL)

M/S SUNDER MILK PRODUCT THRU SECY. v. U.P.P.C.L. THRU GENERAL MANAGER AND ORS.

WRIC/42267/2004 · 2025-08-20

Arun Kumar Singh Deshwal, Saral Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:143515-DB Court No. - 40 Case :- WRIT - C No. - 42267 of 2004 Petitioner :- M/S Sunder Milk Product Thru Secy. Respondent :- U.P.P.C.L. Thru General Manager And Ors. Counsel for Petitioner :- M.K. Gupta,Pankaj Agarwal Counsel for Respondent :- P.K.Shukla.,S.C. Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Pankaj Agarwal, learned counsel for the petitioner and Sri Narendra Kumar Tiwari, learned counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "i. to issue a writ, order or direction in the nature of certiorari quashing the decision of respondent No.2 dated 08.09.2004 as communicated to the petitioner by letter dated 15.09.2004 and the demand based on assessment dated 26.03.2002. ii. to issue a suitable writ, order or direction in the nature of mandamus directing respondents to compensate the petitioner to the extent of Rs.1 Lac per month from 31.07.2002 till the date his electricity supply is restored for wrongful disconnection of the petitioner. iii. to issue any other suitable writ, order or direction which the Hon'ble Court may deem fit and proper in the facts and circumstances of the instant case. iv. to award costs of this petition to the petitioner." 3. The contention of the learned counsel for the petitioner is that the impugned order is absolutely erroneous because the incorrect reading recorded by the installed meter was not the fault of the petitioner, but the fault of the Electricity Department itself because of the polarity reverse from C.T. since the date of installation of the meter, therefore, the petitioner is not liable to pay the new bill calculated on the basis of new calculation. 4. Per contra, learned counsel for the respondents has submitted that it it not in dispute that the meter was recording 1/3rd of the actual reading, therefore, the petitioner is liable to pay the bill for the correct reading. 5. After hearing the learned counsel for the parties and perusing the record, this Court is of the view that once it is found that the bill recorded by the installed meter was incorrect which is to the extent of 1/3rd of the consumption, therefore, the Electricity Department is not at fault to charge the bill for the correct reading. 6. In such view of the fact, this Court does not find any illegality in the impugned order. Therefore, the writ petition lacks merit and is accordingly dismissed. Order Date :- 21.8.2025 NS (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad