- (1.) Whether the Electrical authorities can issue a notice for recovery of an electrical bill to a person who was already dead and whose electric connection was already disconnected much earlier than his death and a new connection was supplied in the name of his son and wife? and whether this Court will be justified to drag the petitioner, son of the deceased noticee, to take recourse to representation, whose earlier representation already filed ventilating his grievances, was not being disposed of despite repeated pressing by him? are the two questions which require our adjudication in this writ petition.
(2.) Firstly the prayers: The first prayer is to quash the notice dated 18-9-1991 bearing Letter No. 325.3 sent by Respondent No. 2 the Executive Engineer, U.P.S.E.B./Competent Authority, Allahabad (A.E.S.U.) to his father Sri P. C. Chaturvedi intimating that he is required to deposit electricity dues of a sum of Rs. 6,675.79 Paise in regard to Electricity Connection No. 1000 91, Code No. 2118/0 100 by 18/10/1991. His further prayer is to restrain the Respondents from initiating any recovery proceedings in relation to the amount mentioned in the Bill in question.
(3.) As per his averments in the Writ Petition and his letter dated 3/10/1991 (Annexure 2) his case appears to this effect:- Electricity Connection Number in question, which was standing in the name of his father Sri P. C. Chaturvedi was surrendered by him in the year 1986; (ii) A new Connection of 3-Phase was taken in the name of the petitioner and his Mother Smt. Sarla Chaturvedi, the Code Number of which was/is 922-2118-105159 and Meter No. 1012260; (iii) The earlier Connection was removed in 1987; (iv) His father had died on 6-6-1989; (v) the petitioner received the impugned Notice on 22-9-1991 addressed to his father despite the fact that he was already dead and thus nullity; (iv) he immediately sent a Reply dated 3-10-1991 (appended as Annexure II) which was duly received in the office of Respondent No. 2 praying to cancel the Notice and correct the records for the reasons stated therein; (vii) he also personally met Respondent No. 2 several times and explained the entire matter, but as they were found to be in no haste to recover the amount of the bill through coercive method, hence this writ petition on the grounds, inter alia, that as the impugned Notice has been issued against his father, who had died on 6-6-1989, and thus is nullity and liable to be quashed on this ground alone and that no electricity having been consumed through the Connection referred to in the Notice the amount cannot be realised.;