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2025 DAILYLAW 34198 (ALL)

M/S DHARTI AGRO INDUSTRIES PVT. LTD. v. THE MANAGING DIRECTOR, PASHCHIMANCHAL VIDYUT VITRAN NIGAM LTD.,AND 2 OTHERS

WRIC/9142/2025 · 2025-04-09

Shekhar B Saraf, Y K Srivastava

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:52961-DB Court No. - 40 Case :- WRIT - C No. - 9142 of 2025 Petitioner :- M/S Dharti Agro Industries Pvt. Ltd. Respondent :- The Managing Director, Pashchimanchal Vidyut Vitran Nigam Ltd.,And 2 Others Counsel for Petitioner :- Ashish Kumar,Deepak Kumar Pandey,Sandeep Pandey Counsel for Respondent :- Kartikeya Saran Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following reliefs: "(i) Issue a writ order or direction in the nature of mandamus directing the respondent Pashchimanchal Vidyut Vitran Nigam Ltd (PVVNL) to install the power connection of 10 KW at the petitioner's premises situated at Vill: Vehelna, Meerut Road, Muzaffar Nagar, U.P. Pincode-251003 within certain stipulated period of time as this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case. (ii) Issue a writ order or direction in the nature of mandamus in the nature of mandamus commanding the respondent no.1 to take decision on the representation of the petitioner dated: 29.08.2024 and 14.09.2024 in light of decision rendered by Hon'ble Apex Court in Civil Appeal No. 1918 of 2016 Southern Power Distribution Company of Telengana Ltd through its CMD & ORS Versus Gopal Agarwal & ORS within certain stipulated period of time as this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case. iii) Issuance of other appropriate instruction/instructions, order/orders, direction/directions in light of the facts and circumstances of this case to compensate the loss of petitioner's investment of approx. Rs.5.55 Crore made since Apr/May-2022, which has intentionally entangled into unwarranted dispute from the last 30-31 months by the officers working under control of the respondent no.1." 3. Counsel appearing for the petitioner submits that the he is not pressing the relief No.(iii). 4. Upon perusal of the record and and after hearing counsel appearing on behalf of the parties, we are of the view that respondents authority should grant an opportunity of hearing to the petitioner with regard to connection to be given to the petitioner. The respondents authority should consider the judgement of the Supreme Court with regard to non recovery of payments from the present owner with regard to the dues of the erstwhile owner when the property is bought through liquidation process. The petitioner shall be at liberty to produce the judgement of the Supreme Court before the respondents authority. The respondents authority is directed to consider the said judgment, and thereafter, pass a reasoned order in accordance with law within a period of six weeks from date. If the authority finds that the electricity connection should be granted to the petitioner, it shall grant the same expeditiously without any delay. 5. With the aforesaid directions, the writ petition is disposed of. Order Date :- 10.4.2025 Kuldeep (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad