PRAKASH CHANDRA GUPTA v. DAKSHINANCHAL VIDYUT VITRAN NIGAM LTD AND 2 OTHERS
WRIC/1192/2025 · 2025-03-05
Shekhar B Saraf, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7773 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7773 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:32756-DB
Court No. - 40 Case :- WRIT - C No. - 1192 of 2025 Petitioner :- Prakash Chandra Gupta Respondent :- Dakshinanchal Vidyut Vitran Nigam Ltd And 2 Others Counsel for Petitioner :- Bidhan Chandra Rai Counsel for Respondent :- Baleshwar Chaturvedi,Paras Nath Rai Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard learned counsel appearing on behalf of the petitioner and Sri P.N. Rai, learned counsel appearing on behalf of the respondents. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is praying for the following substantial reliefs:
"i. issue a writ of certiorari quashing the impugned PDC notices dated 19- 12-2024 and 30-12-2024, as contained in Annexure Nos. 13 and 15 to the writ petition, issued by the Respondent 2; ii. issue a writ order or direction in the nature of mandamus directing respondents 1 and 2 restore electricity connection, wherefore necessary order was passed by the Hon'ble High Court vide judgment and order dated 23-09- 2024 in Civil Misc. Writ Petition No. 10822 of 2021 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 judgment and order of the Hon'ble High Court dated 23-09-2024 in Civil Misc. Writ Petition No. 10822 of 2021."
3. The learned Single Judge of this Court passed an order dated September 23, 2024 in Writ-C No.10822 of 2021 titled as Prakash Chandra Gupta and State of U.P. and others. The relevant portion of the said order is provided below:
"14. The writ petition stands allowed and the matter is remitted back before respondent no.3/ Electricity Consumer Grievance Redressal Forum, Agra to decide the complaint no.13-F/16 after affording proper opportunity of hearing to the petitioner in the light of the observation made in the body of the judgment, expeditiously preferably within a period of six weeks from the date of production of certified copy of this order before respondent no.3. It is
made clear that relief which was granted in part to petitioner cannot be withdrawn by respondent no.3 as there is no appeal or writ petition at the instance of respondent no.4 against the order dated 26.9.2016 passed by respondent no.3."
4.
In spite of the said order, the authority concerned has passed orders flagrantly violating the order passed by the learned Single Judge of this Court. The orders passed by the authority concerned are impugned in the present writ petition. 5. In light of the above, we are of the view that the orders dated December 19 and 30, 2024 impugned in the writ petition have no footing to stand on, and accordingly, the same are quashed and set aside with a direction upon the authority concerned to comply with the order passed by learned Single Judge of this Court dated September 23, 2024 in toto. The authority concerned should grant an opportunity of hearing to the petitioner, and thereafter, pass a reasoned order in accordance with law expeditiously, preferably within a period of eight weeks from date. 6. It is to be noted that the petitioner has already deposited a sum of Rs.1l lakhs and odd before the authority concerned. In light of the same, the authority concerned is directed to immediately restore the electricity connection to the petitioner within three days from date. Authorities to act on the computer generated copy of this order uploaded on the official website of the Allahabad High Court. 7. With the aforesaid directions, the writ petition is disposed of. Order Date :- 6.3.2025 Kuldeep (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad