Neutral Citation No. - 2025:AHC:72033-DB Court No. - 40 Case :- WRIT - C No. - 12983 of 2025 Petitioner :- Logix Blossom Country Apartments Owners Association Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harshit Agarwal,Varad Nath Counsel for Respondent :- Abhishek Srivastava,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard learned counsel for the petitioner and Sri Abhishek Srivastava, learned counsel appearing for the respondent no.2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner has prayed for following reliefs: "(i) Issue a writ, order or direction in the nature of certiorari quashing the demand notice dated 25.03.2025 issued by respondent no.3. (ii) Issue a writ, order or direction in the nature of mandamus restraining the respondent no.2 from disconnecting the electricity connection of Logix Blossom County Society; (iii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to initiate appropriate recovery proceedings against respondent no.3-builder for the outstanding dues; (iv) Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." It appears from the facts that the builder Logix Infrastructure Pvt. Ltd., being respondent no.3, handed over possession to the owners' association in January, 2023. Prior to handing over the possession, there were arrears of an amount of Rs. 39,26,686.00, that was payable by the builder to the electricity department. Subsequent to taking over, the apartment owners' association have been making regular payment of the electricity dues on monthly basis. There were no arrears on the part of the petitioners. The amount for which the demand notice has now been issued is said to be payable with regard to the arrears that were pending in January, 2023, which have now accrued to Rs. 1,21,58,945.00. Learned counsel appearing on behalf of the electricity department has submitted that these arrears are not solely for the period prior to January, 2023 and are also for non-payment of electricity dues, subsequent to the period. It is to be noted that security deposit of Rs. 78 lacs is lying with the electricity department but the electricity department for over two years has not taken any step to forfeit the same. We are of the view that the electricity department should first forfeit the security deposit in accordance with law. Subsequent to forfeiting the same, the electricity department should provide to the apartment owners' association a detailed summary of the amounts that are due. The electricity department may initiate action against the developer for repayment of dues which are pending as arrears for the period, prior to January, 2023. In light of above, the impugned demand notice dated 25.03.2025 is quashed and set aside. The writ petition is allowed. Order Date :- 6.5.2025 Imroz (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad