Safed Bai Shukla v. Chhattisgarh State Power Distribution Company Ltd. (C.S.P.D.C.L.)

-1HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2989 of 2020 Safed Bai Shukla, W/o. Late Shri B.D. Shukla, Aged About 87 Years, Resident Of Sai Sadan Near Shitla Mandir, Rajendra Nagar, Tahsil Bilaspur, Police Station Civil Lines, District Bilaspur Chhattisgarh. ---- Petitioner

Versus

1. Chhattisgarh State Power Distribution Company Ltd. (C.S.P.D.C.L.) Through Managing Director, Head Office Daganiya, Raipur Chhattisgarh.

2. Executive Engineer, C.S.P.D.C.L. Division, Nehru Nagar, District Bilaspur Chhattisgarh.

---- Respondents For Petitioner :

Mr. Prateek Sharma, Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 04.12.2020 Heard

1. Learned counsel for the petitioner submits that the instant petition is at the behest of a senior citizen, aged about 87 years, wherein an electricity bill was raised by showing certain arrears and regular bill are not been raised, though the earlier payment till March 2020 has been made good. Counsel further submits that the petitioner is ready to pay the dues provided it is legally recoverable and he is ready to pay regular bill except the arrears. It is further submitted that the petitioner has made clear all the dues and no arrears were ever pending against the petitioner and no default was ever made till March 2020. The demand of the petitioner is that let the respondents provide the detail of arrears so that it can be verified asto whether it is actually due or legally recoverable from the petitioner before making the further payment, as without cross-checking the recovery in the nature in the name of arrears cannot be recovered. He refers to earlier

-2order passed by this Court on 21.07.2020 in the bunch of writ petition bearing WPC No.1238 of 2020 and others.

2. Considering the submission made and the order passed by this Court in the earlier round of litigation and further considering the fact that the petitioner has already made a representation Annexure P-1, the respondents shall provide the detail of calculation so far as the arrears of unpaid bill if any attributed to the petitioner. In the meanwhile, the respondents are directed to accept the regular payment to be made by the petitioner by way of a regular bill, which may be raised subsequently subject to further decision taken on the representation of the petitioner. The petitioner shall be at liberty to pay the same or examine the legally recoverable nature and may challenge the same before the appropriate forum. It is further observed that till the representation of the petitioner is decided, no coercive steps shall be taken against the petitioner for arrears of the bill, which was subsequently been raised recently by the respondents.

3. With the aforesaid observation, the petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Aks