- (1.) Petitioner claims that he is having a domestic electric connection no. 2513/028818 and has been regularly paying bills as and when they were raised. A notice dated 20th September, 2013 was issued alleging that during inspection made on 20th May, 2013, he was found using connection for commercial purpose and as such assessment of consumption of electricity energy and penalty amounting to Rs.38,220/- was proposed to be imposed. Petitioner filed an objection dated 07.10.2013 categorically alleging that notice mentions that connection no. 2513/028813, which was found committing theft of electricity, is not his connection number.
(2.) It is alleged that without taking decision on the categorical objection raised by the petitioner, demand notice dated 03.01.2015 was issued and subsequently recovery proceedings were initiated for the said amount as arrears of land revenue. After receiving the recovery notice, petitioner again filed objection to the same effect on 23.01.2015 and 05.02.2015 categorically stating that he was not having connection no. 2513/028813 and he has regularly paid dues up to 31.12.2014.
(3.) When no decision was taken, petitioner approached this Court by filing Civil Misc. Writ Petition No. 58900 of 2015 which was disposed of by a Division Bench of this Court vide order dated 26.10.2015 by passing the following order : "The petitioner claims to be having an electricity connection bearing No.2513/028818. A demand notice dated 3 January 2015 was issued by the Executive Engineer to the Tehsildar for recovery of outstanding dues as arrears of land revenue and thereafter a citation was issued by the Tehsildar on 19 January 2015. According to the petitioner, there are no outstanding dues against the petitioner. It transpires from the records of the writ petition that the petitioner has filed objections dated 23 January 2015 before the Executive Engineer, Dakshinanchal Vidyut Vitaran Nigam, Banda and a copy of the same has been annexed as Annexure-4 to the writ petition. Sri Krishna Agarwal, learned counsel appearing for the Executive Engineer states that the objections filed by the petitioner shall be decided expeditiously. This writ petition is, accordingly, disposed of with a direction to the Executive Engineer, Dakshinanchal Vidyut Vitaran Nigam, Banda to decide the objections filed by the petitioner expeditiously and preferably within a period of three weeks from the date a certified copy of this order is filed by the petitioner before the Executive Engineer. It is made clear that the Court has not adjudicated on the merits of the case which shall be examined by the Executive Engineer in accordance with law.";