- (1.) Shyam Ferrous Limited is a Company incorporated under Indian Companies Act 1956, that has been running its business in the name and style of Shyam Ferrous Limited. Said company has been engaged in the production of Iron product. During the period when the petitioner's company has been carrying out its operation, State Government issued notification on 30.04.1994 ( as amended on 21.05.1984) for penalty of violation of peak hour restriction. Said matter travelled upto this Court by means of Civil Misc. Writ Petition No. 41013 of 2000 ( M/s India International Exporters (MBD) Ltd. and another Versus State of U.P. And others) and this Court decided the matter on 25.05.2001 and there has been another judgement also rendered by the High Court of Allahabad, Bench at Lucknow on 19.03.2001 on the same subject matter with contrary view passed in Writ Petition No. 1117 of 2001 with regard to the interpretation of the notification issued on 30.04.1984 and as amended on 21.05.1984.
(2.) Apex Court by judgement dated 25.07.2006 in the case of U.P. Power Corporation Limited and another Vs. M/s Lohia Brass Private Limited and others, took the view that penalty is liable to be imposed for violation of peak hour penalty first, and subsequent to every violation.
(3.) Petitioner has come up with the case that business in question that was being carried out, was not at all in good shape and accordingly petitioner's company applied for disconnection of electricity on 13.07.2006 and on the said application being moved, Executive Engineer, Vidyut Vitran Khand, Fatehpur issued letter on 31.07.2006 to the Sub Divisional Officer for permanent disconnection of the Electricity connection. Petitioners submit that thereafter pursuant to the letter dated 31.07.2006 electricity connection was permanently disconnected on 03.08.2006. Petitioners are contending that judgement of Apex Court was delivered on 25.07.2006 and electricity connection was disconnected on 03.08.2006 and thereafter, no steps have been undertaken for recovery of the dues against the petitioner's company since 2002 to 2015 for about 13 years and all of sudden on 23.07.2015 a letter was issued by the Electricity Department for recovery of penalty for peak hour violation. Pursuant to the letter dated 23.07.2015, letter was written on 25.07.2015 by the Executive Engineer, Electricity Distribution Division-I, Fatehpur to submit all the requisite information in respect of recovery of seven firms including the petitioner's company. Petitioners submit that thereafter straight way recovery proceedings have been initiated and questioning the recovery proceeding, petitioners are before this Court with the following relief. (i) To, issue a writ, order or direction in the nature of certiorari calling for the record and quashing the impugned Citation dated 14.09.2015 as well as stay the effect and operation of the impugned letter dated 25.07.2015 issued by the respondent no.4 and also stay the effect and operation of the notice dated 28.07.2015 issued by the respondent no.5 (Annexure Nos. 1,2 and 3 to the writ petition) (ii) Issue, a writ, order or direction in the nature of mandamus directing the respondent not to take any coercive action against the petitioner. (iii) To issue any other order or direction which the Hon'ble Court may deem fit and prop-er in the circumstances of the case. (iv) To award the cost of the petition to the petitioner.;