• Advice on Writ Petition

Dear Sir,

We have filed a writ petition in Allahabad High Court's Lucknow Bench on 22/02/2013 (Reference: Misc. Single : 1243 of 2013 [Lucknow]). However since then the hearing is either being postponed or not heard on the given date due to various reason. One of the main respondent in the case is not responding to the courts order. Is there any other option to resolve the issue?

The case is related to electricity due which was not paid by previous owner before 1992. We have purchased the house in dilapidated condition with not electric meter connection or any thing for electric supply. But the Purvanchal Electricity Board has refused to give connection stating previous dues of approx. Rs 2.5 Lacs. State Consumer Court has ruled in our favour that the board has to give the connection as soon as previous owner has paid the dues which seems to be timeless task for the board.

Its almost 4years now that we are seeking for electricity connection. Please help us to resolve the standoff.

Kind Regards
Sarvesh Kumar Gupta
Asked 2 years ago in Property Law from Faizabad, Uttar Pradesh
Well, the consumer forum decision seems to be faulty and you should have preferred appeal agaunst it.
If the respondent is not coming and you rpove the service of notice on them , then the case should have been heard by now. It is more than 2 years and by now the case must have been heard.
Take help of another local lawyer.
There  a Calcutta High Court decision whereby it is decided that new owner is not obliged to clear dues of past owner and for this fresh connection cane not be refused.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
You can file a petition for speedy disposal of the case and to give an Expartee decision and to give necessary direction to give electricity connection immediately with damages and to give a publication steps
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
What do you mean by one of the main respondent in the case is not responding to the courts order?
What kind of order it is?
It is very difficult to comment unless we see the last order?
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1) In its judgement in Seema B Kumar vs Assistant Executive Engineer, Kerala Electricity Board and Others, the kerala high court dismissed the appeal and directed Kumar to clear the arrears if she intended to avail of electricity supply from the Board.The Electricity Board argued that the new owner had to clear the arrears of the earlier owner as Clause 15 (e) of the regulations relating to Condition of Supply of Electricity Energy had so mandated.

2) Clause 15(e) stipulates that the "reconnection or new connection shall not be given to any premises where there are arrears on any account due to the Board pending payment, unless the arrears including penalty, if any, are cleared in advance. If the new owner, occupier or allottee remits the amount due from the previous consumer, the Board shall provide recommendation or a new connection depending on whether the service remains disconnected/dismantled, as the case may be."

3) While the Division Bench of the Kerala high court did observe that it caused hardship to the new consumer of electricity to be burdened with the arrears of electricity consumed by the earlier owner, it had no alternative but to agree with the Kerala State Electricity Board in the light of the above mentioned regulations.. 

4)In so far as electricity rules are concerned, practically every Electricity Board has promulgated rules akin to the above stated Regulation 15(e) of the Condition of Supply of Electricity Energy. The courts have held that such a provision is a valid and legal one.

5) as far as writ petition filed in Allahabad High court is concerned if one of respondents has not filed any reply nor responding to court directions court can proceed with the hearing of the petition . 
6) judicial process does take time but you will get justice . 

7) you can pay the old electricity dues under protest , obtain electricity connection and sue the seller for recovery of said amount
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
1) there are thousands of cases pending in court . you can request high court to hear your petition urgently as you are without any electricity connection . 

2)for security reasons access to courts is restricted . obtain gate pass and attend court on next date .
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
Mention the matter in high court for urgent hearing. If you can sow the urgency which you have in your case the high court would certainly list the matter for hearing.
If the petition is senior citizen that would be added benefit.
You can take help of another advocate if you think that the current one is not doing his bits.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Patna High Court
Smt. Rekha Gupta vs Bihar State Electricity Board And ... on 30 July, 1999
Equivalent citations: 1999 (3) BLJR 1860
Author: R Prasad

Section 24 of the Indian Electricity Act says with regard to disconnection of supply of electric energy to consumers neglecting to pay the charges and realisation of dues. Annexure-C to the counter-affidavit says that Assistant Electrical Engineer/Electrical Executive Engineer must see that security deposits are taken in each case and that arrear dues are not allowed to exceed the amount of security deposits. As soon as the energy dues are about to exceed the amount of security deposits, the supply line of the house should immediately be disconnected after going through the usual formalities of serving the required notice. However, if the Board allowed the consumer to consume electricity even after nonpayment of dues resulting amount of arrears it cannot take advantage of its own wrong and refuse to give new connection to a bona fide purchaser on the ground that unless dues against the erstwhile consumer is not cleared off in full electric connection cannot be provided. Right of realisation of dues against the consumer has also been provided under the Act i. e. by filing a suit or initiation of certificate proceeding


you can rely upon this judgement during arguments . i have reproduced material extracts from judgement
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
1.send legal notice to previous owner to pay electricity dues asap in electricity office so that u get its connection at the earliest.

2. why u filed writ petition in high court as it  is the last remedy.

3. if consumer forum  order is in ur favour then why they are not giving electric connection to you.

4.yes, u have to take gate pass to attend hearing, for security reasons.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
yes, u can change lawyer but take NOC from previous lawyer.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
u cannot get pass without ur lawyer.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1) you can change your lawyer whenever you want . search in kanoon data base for lawyers in lucknow . 

2) thanks for your appreciation .as per said decision you cannot be held to ransom for fault of the electricity board in allowing dues to accumulate . 

3) if you are aggrieved by decision of state consumer forum you have an alternative remedy . you should have appealed to national commission . it was not necessary to go to HC
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
1. search google for good lucknow lawyer.

2. withdraw appeal from high court with permission of high court to file appeal/ revision petition in national consumer commission in new delhi.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. You have stated that "State Consumer Court has ruled in our favour that the board has to give the connection as soon as previous owner has paid the dues which seems to be timeless task for the board.". This order has gone against you,

2. You are supposed to file an appeal before the national Commission challenging the said order,

3. Once you get favourable order from the National Commission, the Electricity Board will give electric connection to your house.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. I suggest you to withdraw your Writ Petition now with the leave to refile it,

2. Then file an appeal before the National Commission as suggested in my earlier post,

3. If you fail to get favourable order from the National Commission, you can file an appeal before the high Court aganst the saod Order.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
As stated above that State Commission has given following order:
"That the board has to give the connection as soon as previous owner has paid the dues "
This order exactly does not have seem to be in your favour as the Court has placed a restriction that you will get the electricity only when the previous owner's clears the electricity bills"
So, we suggest you to withdraw the petition from High court with leave of the court and and file a  appeal before the National Commission against the State Commission order.
.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1. Normally Consumer Courts take less time than civil Courts ( I said normally),

2. National commission should be able to dispose the matter within 1 to 1&1/2 years,

3. Your approaching the High Court was prematured, as per me,

4. No penalty will be charged if proper reason is shown while withdrawing the WP,

5. After High Court, you can go to Supreme Court & not to National Commission,

6. On the contrary, you can go to the High Court being aggrieved by the order passed by the National Commission.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. in national commission in new delhi u can get interim reliefs within 1 month of filing of appeal/ revision petition though main petition goes on and get  decided in 3/4 hearings.

2.no penalty will be imposed on you by any court.

3.after passing of order by high court then u can file SLP in supreme court only.

4.right course for you is to withdraw appeal from high court and file appeal/ revision petition in NC but choice is urs.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. I think that you have crossed the limitation period for filing appeal before the National Commission,

2. Your matter has been messed up for not acting properly in time at proper place,

3. You shall have to file petition for condonation of delay before the National Commission showing reason for each day's delay,

4. Consult with a local lawyer practicing regularly before the National Commission before you withdraw your WP.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. consult local new delhi lawyer for filing appeal/ RP in NC.

2. application for condonation of delay can be filed with appeal/ RP.

3. in NC disposal of cases is very fast in comparison to high courts where appeal/ writs keep on pending for years.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Since writ petition is pending for sometime you better explore it t its logical conclusion.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) HC would not be inclined to intervene against the order of State Commission as you have an alternative remedy . 

2) better option is to with draw petition before HC and move National commission along with condonation of delay application . 

3) the writ has been filed by you on basis of legal  opinion given by your lawyer . NC would condone delay in interest of justice .

4) however before you take any decision consult a local lawyer
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
The problem is you need electric connection but due to unpaid bill of previous owner UPPCL has refused to provide new connection to you. The proper procedure should have been adopted by you that :- If you as a buyer , bought that house without any encumbrances so any dues shall be paid by seller. If he refuses to pay then the remedy available for you is to paid his bill after receiving full details of dues from UPPCL. When you have paid  the bills then apply for new connection and there should be no problen in getting connection. Thereafter you file a civil suit for recovery of money. 

But in your case you have filed a writ in high court and an award of consumer forum came in your favour. When a Writ is pending due to non appearance of respondant then you should say your lawyer to apply for listing of case and show all facts regarding non appearance of defandant and pray for deciding the petition as exparte and grantig of leave in your favour. If you provide list of all defendants then I could help you better.
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Hi, as per the order passed by the state commission you have to approach National Commission not in the writ jurisdiction  it is better you have to approach National Commission.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Since your Misc. Single : 1243 of 2013 [Lucknow] is pending in the high court and the last listed date is seen as 9/9/14.you can advance the same with emergent petition seeking to give your order by making respondent as Expartee by giving paper publication. And dispose the the same with damages at the earliest. Since next date is not mentioned if you don't file such a petition it won't get completed in years
 Meanwhile you can approach national commission.if high court doesn't dispose the same file a petition in the Supreme Court for speedy disposal
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. There is a huge pendency of cases in the Allahabad High Court. In fact, Allahabad HC tops the list of pendency in the country.

2. Your case has to be heard on merits before the court can rule one way or another. There are two options before you-Either to request the Chief Justice of Allahabad HC for a speedy disposal, or move the SC.

3. If the main respondent is not appearing in the case then his defence can be struck off.

4. Here I must add that it was imprudent in the given circumstances to approach the High Court without going to the National Consumer Commission. Consequently, the only remedy against the High Court order would be to move to the Supreme Court. Had you first gone to the consumer commission your remedy to approach the High Court would have been preserved.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
1. As stated earlier by me, two options before you include the right to move the Supreme Court or Allahabad High Court itself for a speedy disposal of the case.

2. Your lawyer has rightly told you that you require an attorney's pass to enter the High Court.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
If you are unsure as to whether your lawyer is attending the hearings of your case then apply through any lawyer for a certified copy of the court orders passed till date by Allahabad HC. The orders would demonstrate unambiguously whether he has been appearing in the court or not.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
If you are unsatisfied with your lawyer you can change him and appoint another lawyer in his place at any stage of the case, subject to a no objection certificate by him.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
1. It is advisable that you withdraw the petition from Allahabad HC and move the National Consumer Disputes Redressal Commission. You can go to HC against the order of National Commission.

2. The only authority in the country which can reverse a decision passed by the High Court is the Supreme Court of India. So you cannot go to National Commission against the order of High Court.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
1. National Commission is quick to decide the cases as compared to civil courts, but it would be unwise for any of us to predict the time period within which the decision may come.

2. No penalty will be imposed for withdrawing and refiling.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
It is in your interest to withdraw the wp from hc under existing circumstances and there might not be any penalty since wp withdrawl by you before any order by hc on it . thereafter approach nc against decision of cf with condonation of delay in filing the same.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0

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