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2025 DAILYLAW 54655 (ALL)

M/S NUFARM FROZENS PRIVATE LIMITED AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIC/14255/2025 · 2025-05-06

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73911-DB Court No. - 40 Case :- WRIT - C No. - 14255 of 2025 Petitioner :- M/S Nufarm Frozens Private Limited And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pranesh Kumar Mishra Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner has primarily sought a direction to the respondent No. 3 to restore the electricity connection of the petitioner's firm, namely, M/s Nufarm Frozens Private Limited, bearing Connection No. 5759127000, Electricity Load 1200 KVA Tarriff HV2 and supply electricity to it forthwith, which, despite the up-to-date bills having paid, has been disconnected on March 28, 2025. Secondly, a direction is also sought to the respondent Nos. 2 and 3, restraining them from adopting any coercive measures or from initiating any proceedings against the petitioner. Upon hearing the counsel for parties, it appears that by order dated March 23, 2025, the final assessment order has been passed by the authorities. In light of the same, we are of the view that the final assessment order being appealable under Section 127 of the Electricity Act, 2003 (hereinafter referred to as 2003 Act), the petitioner should be relegated to avail the said remedy. Accordingly, the petitioner is directed to file an appeal under Section 127 of the 2003 Act, within a period of two weeks from date. If such an application is filed in accordance with law, the same is directed to be heard and decided expeditiously, preferably within a period of six weeks from the date of filing of the said application and after a proper opportunity of hearing being afforded to the petitioner. It is also directed that if a stay application is also filed along with the appeal to be filed under Section 127 of the 2003 Act, the authority concerned shall consider the same sympathetically. With the above directions, the writ petition is disposed of. Order Date :- 7.5.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad