M/S SILVERTOAN PAPERS LIMITED AND ANOTHER v. PASCHIMANCHAL VIDYUT VITRAN NIGAM LIMITED AND 2 OTHERS
WRIC/32570/2025 · 2025-09-23
Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 97647 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 97647 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32570 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRAVEEN KUMAR GIRI, J.
1. Heard learned counsel appearing on behalf of the parties.
2. Sri Mayank Kumar Agrawal, learned counsel appearing on behalf of the petitioner submits that a complaint was made by the petitioner with regard to the electric meter in his factory. The Electricity Department came to his factory and tampered with the said meter and have thereafter raised a demand of Rs.27,00,000/- approximately upon the petitioner. He submits that since the defect was pointed out by the petitioner itself, such a demand should not have been raised without having the meter inspected by an independent laboratory as required under the law.
3. Per contra, learned counsel appearing on behalf of Electricity Department submits that the actions taken by the authority are in accordance with law and the demand is a valid and legal demand.
4. Upon considering the peculiar facts and circumstances of the case, we are of the view that justice requires that the electricity meter be tested by an independent laboratory. Accordingly, the Electricity Department is
directed to send the meter for testing in an independent laboratory that is approved by the National Accredition Board of Testing and Calibration Laboratory (NABL).
5. We are also of the view that the petitioner is required to be put on terms for the prayer made by the petitioner with regard to "no disconnection" of Versus Counsel for Petitioner(s) : Mayank Kumar Agrawal, Saroj Giri Counsel for Respondent(s) : Narendra Kumar Tiwari M/S Silvertoan Papers Limited And Another .....Petitioner(s) Paschimanchal Vidyut Vitran Nigam Limited And 2 Others .....Respondent(s)
his electricity supply. In light of same, the petitioner is directed to deposit 50% of the amount that has been demanded by the authorities within a period of one week from date. If such sum is deposited, the demand raised by the authority shall remain in abeyance.
6. Once the report of the laboratory is obtained by the authorities, they are
directed to provide a copy of the same to the petitioner and thereafter grant an opportunity of hearing to the petitioner with regard to the assessment of the electricity charges. After such an opportunity is granted, the authority shall pass a reasoned order in accordance with law and shall either demand the balance sum payable or refund any excess amount that has been taken from the petitioner by way of deposit of 50%, as indicated above.
7. With the above direction, the writ petition is disposed of. September 24, 2025 DKS WRIC No. 32570 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad