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Neutral Citation No. - 2025:AHC:51828-DB Court No. - 40 Case :- WRIT - C No. - 10450 of 2025 Petitioner :- Sumanti Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Kumar Counsel for Respondent :- C.S.C.,Udit Chandra Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State and Sri Udit Chandra, learned counsel appearing on behalf of the respondent Nos.2 & 3.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the order dated December 3, 20224 passed by the respondent No.3/Executive Engineer, Vidhyut Vitran Khan, PVVNL, Jamaniya, Ghazipur.
3. Counsel appearing on behalf of the respondent Nos.2 and 3 submits that the against the order impugned herein, the petitioner has an alternative remedy of filing an appeal under Section 127 of the Electricity Act, 2003 (hereinafter referred to as "the Act").
4. Upon hearing counsel appearing on behalf of the parties, we are of the view that the petitioner should file an appeal before the authority concerned, who may decide the same expeditiously.
5. Accordingly, the petitioner is directed to file an appeal under Section 127 of the Act before the authority concerned within a period of two weeks from date. In the event such an appeal is filed
within the specified period, the authority concerned is directed to consider and decide the said appeal by way of passing a reasoned
order in accordance with law, within a period of two months from the date of filing of the said appeal after giving an opportunity of hearing to the petitioner.
6. Till the aforesaid appeal is decided, no coercive action shall be taken against the petitioner. We make it clear that the petitioner shall deposit 50 per cent of the amount as directed in the impugned final assessment order.
7. With the aforesaid directions, the writ petition is disposed of.
Order Date :- 9.4.2025 Kuldeep (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad