MAHARANI DEEN JAISWAL v. STATE OF UTTAR PRADESH AND 2 OTHERS
WRIC/13523/2025 · 2025-04-30
Shekhar B Saraf, Y K Srivastava
body2025
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[ 2025 DAILYLAW 49225 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49225 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:68793-DB Court No. - 40 Case :- WRIT - C No. - 13523 of 2025 Petitioner :- Maharani Deen Jaiswal Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Bidhan Chandra Rai Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard learned counsel appearing on behalf of the parties. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner has prayed for the following reliefs:-
"(i) issue a writ of certiorari quashing the impugned copy of the assessment
order dated 04.01.2025 and demand notice dated 21.03.2025 issued by the Electricity Engineer, Electricity Urban Distribution Division, Kalyani Devi, Prayagraj, respondent no.3 herein, as contained in Annexure No.1 and 2 to the writ petition; (ii) issue a writ, order or direction in the nature of mandamus directing respondents not to enforce in any manner assessment order dated 04.01.2025; (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." Upon perusal of the documents and after hearing counsel for the parties, we are of the view that since an alternative remedy is available to the petitioner under Section 127 of the Electricity Act, 2003, the writ petition is not maintainable. Accordingly, the petitioner may file an appeal under Section 127 of the Electricity Act, 2003 before the authority concerned within a period of two weeks from date. If such an appeal is filed within a period of two weeks from date, the authority concerned is directed to consider and decide the same after granting an opportunity of hearing to the parties within a period of eight weeks from the date of the filing of appeal. With the above directions, the writ petition is disposed of.
Order Date :- 1.5.2025 Imroz (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad