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1976 Supreme(All) 266

M.N.SHUKLA, GOPINATH
Kamala Shanker Upadhya – Appellant
Versus
State Electricity Board, U. P. – Respondent


Advocates:
Aditya Narain, for Petitioner; V.K. Mehrotra, for Opposite Parties.

Judgement

M. N. SHUKLA, J. :- By means of this writ petition under Article 226 of the Constitution the petitioner has challenged his liability to pay the amount of electricity dues demanded from him by the State Electricity Board, Uttar Pradesh vide Recovery Certificate dated 11-12-1974 (Annexure-7 to the writ petition) tendered to the Collector, Varanasi for execution against the petitioner.

2. The petitioner installed an Electric Pumping Set near his residence in Village Ganjari in the district of Varanasi in the year 1968 and the Pumping Set was supplied electricity by respondent No.1. A dispute has arisen over the electricity charges outstanding against the petitioner. The Recovery Certificate was for a total sum of Rs. 3912.30 out of which the petitioner admits his liability to the extent of Rs. 1699.90, which amount has admittedly been paid by the petitioner to respondent No. 1 during the pendency of the writ petition. The dispute, therefore, is now confined to the balance of Rs. 2212.40. This is also admitted that this liability relates to the period 20-1-1972 to 31-10-1974 in respect of the energy supplied to the petitioner for working the pumping Set. The parties are also ag














































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