CHAMAN Vs. STATE OF U P & ORS

JUDGEMENT

(1.) Petitioner has approached this Court challenging the citation dated 06.01.2016 issued against him towards realisation of a sum of Rs.1,15,389/- along with 10% recovery charges plus interest towards outstanding dues of electricity.

(2.) Learned counsel for the petitioner contends that the electricity connection stands in the name of Rajpal, father of the petitioner and the premises where the connection has been installed also stands in his name. Some raid is alleged to have been conducted on 24.10.2013 by respondent no. 4, Assistant Engineer in which father of the petitioner was allegedly charged for committing theft of electricity. A First Information Report was lodged in the name of the petitioner. However, the police after investigation submitted a charge sheet in the name of the Rajpal and the petitioner was not named. It is also pointed out that Rajpal has obtained bail in the said case. It is further contended that recovery proceedings have wrongly been initiated in the name of the petitioner and the impugned citation has been issued in his name, in pursuance whereof the Tehsildar arrested him on 15.03.2016 and he was put in civil prison and was only released after he deposited Rs.22,000/- on 17.03.2016.

(3.) A counter affidavit has been filed on behalf of respondent no. 2 stating that when a surprise checking was conducted, it was found that the petitioner and his father, namely, Rajpal were having two accommodations and Electric Connection No. 2134/020883 was installed at premises no. 1. So far as second premises is concerned, which is situated at a distance of about 70 mtrs. from premises no. 1, electricity was being consumed in the said premises by supplying the electrical energy illegally from the L.T. line and in this respect, a First Information Report dated 24.10.2013 was lodged against the petitioner and others. A copy of the First Information Report has been filed as Annexure CA 1 to the counter affidavit.