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High Court of Uttarakhand · body

2025 DAILYLAW 6671 (UTT)

DINESH KUMAR v. UTTARAKHAND POWER CORPORATION LIMITED

WPMS/1432/2025 · 2025-08-07

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1432 of 2025 Dinesh Kumar ….....Petitioner Versus Uttarakhand Power Corporation Limited And another ….….Respondents Present:- Mr. Dinesh Kumar Tyagi, Advocate for the petitioner. Mr. Dharmendra Barthwal, Advocate for the respondents. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) By means of instant petition, the petitioner seeks directions to the respondents to re-fix/re-connect the electricity connection which has been disconnected. 2. Heard learned counsel for the parties and perused the record. 3. It is the case of the petitioner that he has obtained two electricity connections, but the respondents/authorities have arbitrarily disconnected both these connections and directed the petitioner to deposit an amount of Rs. 1,89,840/-. The petitioner had made various representations to the respondents/authorities, but they have not taken any action on that. Therefore, the petition. 4. Learned counsel for the petitioner submits that the petitioner runs a school in the name and style of Adarsh Bharti School, Khatima, Udham Singh Nagar. He has taken two electricity connections. One was domestic and another was commercial. But, the respondents/authorities have illegally disconnected both these connections without affording an opportunity of hearing to the 2 petitioner. He submits that the petitioner is ready to pay whatever penalty has been imposed on the petitioner. The respondents/authorities may be directed to connect the electricity connections of the petitioner and give some time to deposit the money. He submits that the financial status of the petitioner’s school is not very sound. 5. Learned counsel for the respondents submits that during inspection, it was found that the petitioner was using domestic connection for commercial purposes. Therefore, the connections have been disconnected and penalty has been imposed. He submits that if the petitioner approaches the respondents/authorities with a reasonable proposal, definitely, it may be considered and electricity may be restored subject to the petitioner giving an undertaking that he will deposit the amount within some reasonable period. 6. The Court takes on the statement given by learned counsel for the respondents. 7. This Court may not interfere in the matter. It is a matter requiring irregular use of electricity connections. What is stated is that the petitioner was using domestic connection for commercial purposes. Therefore, the petition may be disposed of accordingly. 8. The petition is disposed of with the liberty to the petitioner to approach the respondents/authorities with a proposal to deposit the penalty amount within a reasonable time period and while making such proposal, the petitioner may also deposit a substantial portion of the penalty. This Court has no doubt that if such a proposal is made by the petitioner, the respondents/authorities shall take a decision on it, in 3 accordance with law, also keeping in mind that in the premises, a school is running. 9. With the observation made hereinbefore, the writ petition stands disposed of. (Ravindra Maithani, J) 07.08.2025 Jitendra