Shammim Salim Shaikh v. The State Of Maharashtra And ANR

Uday S. Jagtap 903-WP-L-797-2020=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 797 OF 2020 Mrs. Shammim Salim Shaikh .. Petitioner versus The State of Maharashtra & Anr.

.. Respondents Ms. Ratna R. Jaiswal for the petitioner Mjr. Sukanta Karmakar, AGP for respondent State CORAM : R.K. DESHPANDE & PRITHVIRAJ K. CHAVAN, J.J.

DATED : 18th MARCH, 2020 P.C.

1.

The challenge in this petition is to the Notice of disconnection dated 12.02.2020 for failure to clear the previous overdue balance of Rs.1,96,644.25. The Notice given is of 15 days and the petitioner was required to make the payment to avoid disconnection within a period of 15 days. 2.

Undisputedly, the petitioner has an alternative remedy of approaching the Consumer Forum constituted by the respondent no.2 - Adani Electricity.

3.

Our attention is invited to the earlier Writ Petition (L) No.

Uday S. Jagtap 903-WP-L-797-2020=.doc 2531 of 2013, which was dismissed in default on 24.07.2015. 4.

In view of the aforesaid position, we permit the petitioner to approach the Consumer Forum constituted by the respondent no.2 for seeking redressal of the grievance as is made in this petition. The Notice dated 12.02.2020 impugned in this petition shall operate after expiry of 8 days from today. Till that time, the petitioner shall be protected from disconnection. In the meantime, the petitioner can approach the Consumer Forum and obtain appropriate relief. If the petitioner fails to approach within stipulated period or the Consumer Forum fails to grant relief, the order passed by this Court shall stand automatically vacated without reference to the Court. Mere dismissal of the writ petition in default by an order dated 24.07.2015 shall not come in the way of the petitioner.

5.

The petition is disposed of.

(PRITHVIRAJ K. CHAVAN, J.) (R.K. DESHPANDE, J.)