LAWS(J&K)-2013-11-31

ABID HUSSAIN ANSARI Vs. STATE

Decided On November 22, 2013
Abid Hussain Ansari Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) In this writ petition filed by the petitioner, prayer made is to issue writ in the nature of certiorari to quash the impugned demand notice dated 3rd November, 2013 and electricity bill dated 12th November, 2013, issued by the respondent Department as also writ of mandamus directing the respondents not to disconnect the power supply to the petitioner's Farm House as also to pay damages of Rs. 10000000/- (one crore) in favour of the petitioner for causing defamation and issuing defamatory, false and frivolous electric bills in favour of the petitioner.

(2.) Petitioner questions writ of demand issued by respondent No. 5 vide order No. 691/PTN dated 03.11.2013, thereby directing petitioner to pay a sum of Rs. 10,36,837/- due from him on account of supply of electricity energy ending September, 2013, failing which action in terms of provisions of Jammu and Kashmir Electricity Act, has been proposed as also power supply to the installation to be disconnected.

(3.) Petitioner has questioned the writ of demand and electricity bill as baseless, false, frivolous and against the law and procedure. It is submitted that the official respondents were bound to follow procedure as established under law before the issuance of said notice, therefore, the impugned writ of demand is liable to be quashed. Petitioner has questioned the writ of demand/notice for payment on the grounds detailed out as under:-