M/S SHYAMA DEVI COLD STORAGE THRU ITS PROPRIETOR Vs. STATE OF U.P. THRU SECRETARY, DEPTT. OF ENERGY AND OTHERS

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondent no. 1 and Sri Rajesh Tripathi, learned counsel appearing for the contesting respondents no. 2, 3 and 4 and have perused the record. With consent of the learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit. The petitioner is a consumer of electricity. He has defaulted in regular payment of electricity bill, hence a demand notice dated 7.12.2011 has been issued for a sum of Rs. 14,44,215/ -. Learned counsel for the petitioner does not dispute the liability of the petitioner to pay the said amount. He, however, states that because of financial crisis, the petitioner is unable to pay the said amount immediately. He has thus contended that easy installments for payment of the said amount be fixed.

(2.) SRI Rajesh Tripathi, learned counsel for the contesting respondents has, however, stated that the respondent -Corporation would be agreeable to recover the said amount in 12 equal monthly installments provided the petitioner deposits a sum of Rs. 3 lacs within two months from today.

(3.) IN view of the aforesaid and with consent of the learned counsel for the parties, this writ petition is disposed of with the direction that in case the petitioner deposits a sum of Rs. 3 lacs within two months from today, the balance amount shall be recovered from the petitioner in 12 equal monthly installments. In case the petitioner complies with the aforesaid terms, the recovery against the petitioner shall not be pressed and on payment of the entire amount, the same shall stand withdrawn. However, in case the petitioner defaults in making payment of any of the installments as indicated above, the respondent -authorities shall be at liberty to press the recovery. It is further provided that on deposit of Rs. 3 lacs, the electricity line of the petitioner shall be reconnected within ten days of his making such deposit.