M/S SHRI SHIV INDUSTRIES v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIC/12236/2025 · 2025-04-22
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46517 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46517 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:63024-DB Court No. - 40 Case :- WRIT - C No. - 12236 of 2025 Petitioner :- M/S Shri Shiv Industries Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Bidhan Chandra Rai Counsel for Respondent :- Baleshwar Chaturvedi,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel appearing on behalf of the parties.
2. In the present writ petition following prayers have been made by the petitioner:-
"i. issue a writ, order or direction in the nature of mandamus directing the Respondents to immediately act upon for payment of interest on the electricity duty amount at the rate at which the interest is levied in case of delayed payment of electricity duty, wherefore necessary order was passed by the Hon'ble High Court by judgment and order dated 27-04-2023 in Civil Misc. Writ Petition No. 41594 of 2013, within a reasonable specified period, as may be deemed fit and proper by the Hon'ble High Court, and thereby preserve the efficacy and sanctity of the order of the Hon'ble High Court dated 27-04-2023 In Civil Misc. Writ Petition No. 41594 of 2013; ii. issue an appropriate order or direction directing Respondents to pay the interest from the respective dates as and when the excess amount were collected from the Petitioner and became due, and continue to pay the interest until such date when the whole of the excess amount /liability is completely discharged; iii. issue such other and further writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case; and iv. award the cost of the writ petition."
3. It is the case of the petitioner that the interest payable by the department to the petitioner is still pending and his application dated October 7, 2024 has also not been decided by the respondent
no.4/Executive Engineer, Electricity Distribution Division, Muradnagar Dakshinanchal Vidyut Vitran Nigam Ltd., Firozabad.
4. In light of the same, the respondent no.4/Executive Engineer, Electricity Distribution Division, Muradnagar Dakshinanchal Vidyut Vitran Nigam Ltd., Firozabad is directed to pass a reasoned
order upon the representation of the petitioner dated October 7, 2024 within a period of eight weeks from date after granting an opportunity of hearing to the petitioner.
5. With the above direction, this writ petition is disposed of.
Order Date :- 23.4.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad