PRADEEP KANT AND RAJIV SHARMA, JJ. - (1.) THIS special appeal has been filed by the Nigam and the Executive Engineer against the order passed by the learned single Judge dated 30.6.2006.
(2.) NECESSARY facts giving rise to the present special appeal are that the respondent Anand Granites had approached the District Consumer Forum making a challenge to the demand raised by the Corporation approximately of Rs. 17 lacs in respect of certain electricity dues/ penalty towards the Corporation. The District Consumer Forum upheld the claim of Anand Granites and thus the demand made was set aside. According to the case of the respondent Anand Granites that even after the passing of the judgment and order by the District Consumer Forum, the Corporation arbitrarily and maliciously insisted for the payment and did not restore the electricity connection, therefore, a writ petition was filed bearing number 29801 of 2006 (MB) at Allahabad which was disposed of on the same day, i.e., on 26.5.2006. A Division Bench of the Court at Allahabad. (A. K. Yog and V.C. Misra, JJ.) after taking note of the grievance of the petitioner to the writ petition filed by Anand Granites that despite judgment of the District Consumer Forum dated 3.5.2006, the Corporation and its authorities, are arbitrarily harassing him and that he had already filed an application/ representation to the Executive Engineer, the Court directed Anand Granites to file a fresh representation within three weeks alongwith certified copy of the order and for decision of the same within next six weeks by a reasoned order. Later on during summer vacations the present writ petition was filed at Lucknow on almost the same facts and the reliefs viz.; that despite the order passed by the District Consumer Forum, the private respondent was being harassed by the Corporation for payment and electricity connection was not being restored. However, an additional reliefs was also claimed for issuing a direction for expediting the hearing of pending appeal, etc.
(3.) THE learned single Judge (A. K. Yog, J.) has disposed of the writ petition finally on the same day taking into consideration that so far the actual consumption of power is concerned there were no dues against the petitioner and it was only Rs. 17 lacs which was demanded by the Corporation as penalty. The Court observed that the demand of penalty has also been set aside by the District Consumer Forum and since both the earned Counsel have joined in making a statement that there was no interim order in appeal, the stand taken by the Corporation that since appeal is pending but the power supply shall not be restored unless the respondent deposits the penalty, was not appreciated by the Court as in the absence of an interim order in favour of the Corporation the order of the District Consumer Forum was to be respected.;