# Puttan v. State of U.P. & Anr

- **Citation:** (2022) 11 ILRA 1293
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2022-11-01
- **Case number:** Writ C No. 27495 of 2021
- **Bench:** Surya Prakash Kesarwani, Jayant Banerji
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/puttan-v-state-of-u-p-anr-47794
- **Pages:** 21

## Headnote

A. Civil Law - Electricity Act, 2003 - UP
Regulatory
Commission
(Standards
of
Performance), Regulations, 2019 - Clause
2.1(g), 7, 8, 4.1, 9.4.3, Schedule I and III
- Compensation - Practice of raising fake
demand, issuing highly excessive bills and
adopting coercive measure of detention
against the consumers by the Electricity
Distribution Corporation - Permissibility -
High-handedness of mighty officers of the
St. Government - Responsibility to pay
compensation - SoP Regulation of 2019
was not observed by the authorities -
Effect
-
High
Court
issued
general
mandamus to all concerned authorities of
Power Distribution Corporations that they
shall at their own compute compensation
payable to complainants in terms of the
SOP
Regulations
2019
as
per
data
available with them with respect to the
each
complaint
and
shall
pay
1294 INDIAN LAW REPORTS ALLAHABAD SERIES
compensation in terms of the aforesaid
SOP Regulations 2019 as per procedure
provided. (Para 22, 25 and 26)
B. Constitution of India - Article 14 and 21
- Right to life and personal liberty - Right
to live with dignity - Human dignity is a
constitutional value and a constitutional
goal. It has now been well recognized that
at its core, human dignity contains three
elements,
namely,
intrinsic
value,
autonomy and community value. These
are known as core values of human
dignity. (Para 47)
C. Constitution of India - Article 21 -
Illegal detention of the consumers - Right
to get compensation - Responsibility of
the St. Government - Held, this court
cannot close its eyes and fold its hands or
remain a silent spectator and thus, allow
people to suffer who usually do not have
resources and financial capacity to fight
against the highhandedness of mighty
officers of the St. Government - The
respondents
are
liable
to
pay
compensation to the said petitioner for his
illegal detention - High Court directed the
St. Government to pay Rs. 25,000/- as
compensation to the petitioner. (Para 48,
50 and 52)
Writ petition partly allowed. (E-1)
List of Cases cited:-

## Text

_Characters 0–39,682 of 69,483. This is a partial read: ask again with offset=39682 for what follows._

11 All. Puttan Vs. State of U.P. & Anr.
1293
that in case the applicant is released on bail,
he would influence the witnesses.

22. No other material has been placed
by the respondent-Narcotic Control Bureau,
which may indicate that the applicant is not
entitled to be released on bail.

23. Keeping in view the aforesaid
facts and without making any observations
on merits of the case, I am of the view that
the applicant is entitled to be released on
bail pending conclusion of the trial. The
bail application is accordingly allowed.

24. Let the applicant - Aditya
Kumar, be released on bail in N.C.B.
Crime No. 28 of 2021, under Section
8(C)/21/29
of
Narcotic
Drugs
and
Psychotropic Substances Act, P.S. N.C.B.
Lucknow, on his furnishing a personal
bond and two reliable sureties each of the
like amount to the satisfaction of the court
concerned subject to following conditions:-

(i) The applicant will not tamper with
the evidence during the trial.

(ii) The applicant will not influence
any witness.

(iii) The applicant will appear before
the trial court on the dates fixed, unless
personal presence is exempted.

(iv) The applicant shall not directly or
indirectly make inducement, threat or
promise to any person acquainted with the
facts of the case so as to dissuade him
from disclosing such facts to the Court to
any police officer or tamper with the
evidence.

25. In case of breach of any of the
above conditions, the prosecution shall be
at liberty to move an application before this
Court seeking cancellation of bail.
----------
(2022) 11 ILRA 1293
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 01.11.2022

BEFORE

THE HON'BLE SURYA PRAKASH
KESARWANI, J.
THE HON'BLE JAYANT BANERJI, J.

Writ C No. 27495 of 2021
With
Writ C No. 23674 of 2021
Writ C No. 1786 of 2022
Writ C No. 1858 of 2022

Puttan ...Petitioner
Versus
State of U.P. & Anr. ...Respondents

Counsel for the Petitioner:
Sri Sandeep Kumar Tripathi

Counsel for the Respondents:
C.S.C., Sri Abhishek Srivastava, Sri B.P.
Singh Kachhawah, Sri Manoj Kumar Singh,
Sri Rajesh Yadav, Sri M.C. Chaturvedi (Sr.
Advocate)

A. Civil Law - Electricity Act, 2003 - UP
Regulatory
Commission
(Standards
of
Performance), Regulations, 2019 - Clause
2.1(g), 7, 8, 4.1, 9.4.3, Schedule I and III
- Compensation - Practice of raising fake
demand, issuing highly excessive bills and
adopting coercive measure of detention
against the consumers by the Electricity
Distribution Corporation - Permissibility -
High-handedness of mighty officers of the
St. Government - Responsibility to pay
compensation - SoP Regulation of 2019
was not observed by the authorities -
Effect
-
High
Court
issued
general
mandamus to all concerned authorities of
Power Distribution Corporations that they
shall at their own compute compensation
payable to complainants in terms of the
SOP
Regulations
2019
as
per
data
available with them with respect to the
each
complaint
and
shall
pay
1294 INDIAN LAW REPORTS ALLAHABAD SERIES
compensation in terms of the aforesaid
SOP Regulations 2019 as per procedure
provided. (Para 22, 25 and 26)
B. Constitution of India - Article 14 and 21
- Right to life and personal liberty - Right
to live with dignity - Human dignity is a
constitutional value and a constitutional
goal. It has now been well recognized that
at its core, human dignity contains three
elements,
namely,
intrinsic
value,
autonomy and community value. These
are known as core values of human
dignity. (Para 47)
C. Constitution of India - Article 21 -
Illegal detention of the consumers - Right
to get compensation - Responsibility of
the St. Government - Held, this court
cannot close its eyes and fold its hands or
remain a silent spectator and thus, allow
people to suffer who usually do not have
resources and financial capacity to fight
against the highhandedness of mighty
officers of the St. Government - The
respondents
are
liable
to
pay
compensation to the said petitioner for his
illegal detention - High Court directed the
St. Government to pay Rs. 25,000/- as
compensation to the petitioner. (Para 48,
50 and 52)
Writ petition partly allowed. (E-1)
List of Cases cited:-
1. N. Nagendra Rao & Co. Vs St. of Andhra
Pradesh (1994) 6 SCC 205
2. Common Cause, A Registered Society Vs
U.O.I. & ors.; (1996) 6 SCC 530
3. Shivsagar Tiwari Vs U.O.I. & ors.; (1996) 6
SCC 558
4. Delhi Development Authority Vs Skipper
Construction & anr.; AIR 1996 SC 715
5. Mohammad Iqbal & anr. Vs St. of U.P. & ors.;
2016 (9) ADJ 593
6. Natural Resources Allocation, In re, Special
Reference No. 1 of 2002; (2012) 10 SCC 1
7. Lucknow Development Authority Vs M.K.
Gupta; (1994) 1 SCC 243
8. Jay Laxmi Salt Works (P) Ltd. Vs St. of Guj.;
(1994) 4 SCC1
9. St. of Mah.& ors. Vs Kanchanmala Vijaysing
Shirke & ors.; (1995) 5 SCC 659
10. Chief Conservator of Forests & anr. (1996) 2
SCC 293
11. S.P. Goel Vs Collector Of Stamps, Delhi;
(1996) 1 SCC 573
12. Common Cause A. Registered Society Vs
U.O.I.; JT 1999 (5) SC 237: AIR 1999 SC 2979
13. Chairman, Railway Board & ors. Vs
Chandrima Das (Mrs.) & ors.; (2000) 2 SCC 465
14. St. of A.P. Vs Challa Ramkrishna Reddy &
ors.; (2000) 5 SCC 712
15. Research Foundation for Science (10) Vs
U.O.I. (2005) 13 SCC 659
16. M.C. Mehta Vs U.O.I. & ors.; (2006) 3 SCC
399
17. U.O.I. Vs Prabhakaran Vijaya Kumar & ors.
(2008) 9 SCC 527
18. Action Committee, Unaided Private Schools
& ors. Vs Director of Education, Delhi & ors.;
(2009) 10 SCC
19. Delhi Jal Board Vs National Campaign for
Dignity and Rights of Sewerage and Allied
Workers & ors.; (2011) 8 SCC 568
20. Municipal Corporation of Delhi, Delhi Vs
Uphaar Tragedy Victims Association & ors.;
(2011) 14 SCC 481
21. Ram Narayan Agrawal & ors. Vs St. of U.P.
& ors.; (1983) 4 SCC 276
22. Om Prakash Gupta Vs St. of U.P. & ors.;
(2003) 5 AWC 4012
23. Jolly George Varghese & anr. Vs The Bank
of Cochin; (1980 ) 2 SCC 360
24. K.S. Puttaswamy & ors. Vs U.O.I. (UOI) &
ors.; (2019 )1 SCC 1
(Delivered by Hon'ble Surya Prakash
Kesarwani, J.)
11 All. Puttan Vs. State of U.P. & Anr.
1295

1. Heard Sri M.C. Chaturvedi, learned
Senior Advocate assisted by Sri Abhishek
Srivastava,
Arti
Raje,
Sushil
Kumar
Pandey,
Gaurav
Singh
and
Krishna
Agarawal, learned counsels for the U.P.
Power Corporation Ltd./ Associated Power
Distribution
Companies,
namely
Pashchimanchal Vidyut Vitaran Nigam
Limited, Rampur, Dakashinanchal Vidyut
Vitran Nigam Ltd. Jhansi etc. and Sri B.P.
Singh
Kachhawaha,
learned
standing
counsel for the State-respondents.

2. Since number of writ petitions were
coming up daily before this Court raising
grievances of creation of fake bills/
demands or highly excessive demands by
the respondents, therefore, this Court took
up one writ petition each on 8th 9th and 10th
February, 2022 and called upon the
respondents to respond to the contentions
of the petitioners. Personal affidavit by the
Additional Chief Secretary, Government of
U.P. Lucknow has been filed mainly in
Writ-C No.27495 of 2021. Brief facts of
each writ petitions are being noted below.
Facts:-

Writ-C No.27495 of 2021

3. Aggrieved with creation of fake
and fictitious demand of Rs.29,60,202/- by
demand notice dated 27.07.2021 issued by
the
respondent
No.2
which
was
subsequently raised to Rs.31,47,731/- for
the
period
from
January,
2017
to
November, 2021; the petitioner has filed
the present writ petition for quashing of the
demand notice. Copy of the ledger account
filed by the respondent No.2 as Annexure
CA-4 along with the aforesaid counter
affidavit, revealed that the respondents
debited monthly electricity dues in the
account of the petitioner ranging from
Rs.20,000/- to Rs.6,15,472/- per month.
Considering the facts of the case, this Court
passed detailed orders on 08.02.2022,
15.02.2022,
03.03.2022,
24.03.2022,
19.04.2022, 26.04.2022 and 05.05.2022.
On 09.02.2022, the respondent No.2 stated
before this Court that the demand of
Rs.31,47,731/- was wrongly created and it
has been modified to Rs.2,45,952/-. In
paragraphs-6, 7, 8 and 9 of the order
dated 03.03.2022, this court observed as
under:

"6. The personal affidavit filed by
the Managing Director of Pashchimanchal
Vidyut Vitaran Nigam Limited, Meerut,
U.P. is more or less reiteration of the
aforesaid
personal
affidavit
of
the
Principal Secretary. He has also admitted
in his personal affidavit the prevailing
situation of errors in the consumer ledger,
raising of fictitious demands, several
lapses on the part of officers of the
Electricity
Distribution
Division
and
dereliction
of
duties,
negligence
in
performance of duties by the officers and
employees and existence of fictitious
arrears against consumers.

7.
From
the
aforesaid
two
personal affidavits, it appear that an
isolated decision against some officers of
the respondent No. 2 i.e. Pashchimanchal
Vidyut Vitaran Nigam Limited, Milakh,
District Rampur has been taken, but
nothing has been stated about the situation
prevailing in the Power Distribution
Corporation in the whole State of Uttar
Pradesh. To give instances, Writ C No.
23674 of 2021, relates to a consumer of
District Jhansi falling under Vidyut Vitaran
Khand, Mauranipur, District Jhansi of
Dakshinanchal
Vidyut
Vitaran
Nigam
Limited filed against fictitious demand and
recovery certificate of Rs. 4,83,103.00. The
above noted connected Writ-C No. 1786 of
2022 relates to a consumer of District
Mirzapur falling under Purvanchal Vidyut
1296 INDIAN LAW REPORTS ALLAHABAD SERIES
Vitaran
Nigam
Limited/Electricity
Distribution
Sub-Division-II,
Fataha,
District Mirzapur, challenging fictitious
demand and harassment caused by arrest.
The connected Writ-C No. 1858 of 2022
relates to a consumer of district Banda
falling
under
Executive
Engineer,
Dakshinanchal
Vidyut
Vitaran
Nigam
Limited, Agra, wherein creation and
attempt for fictitious demand of Rs.
1,61,448/ has been admitted by the
respondents.

8. The above noted writ petitions
have been mentioned merely as exemplars
which,
prima
facie,
show
high
handedness, illegal and arbitrary actions
of the respondents against the consumers
who are prima facie being harassed and
robbed
by
raising
fictitious/bogus
electricity dues demands, well within the
knowledge
of
respondent
No.1
and
Managing Directors of different Power
Corporations and concerned authorities.

9. Facts as briefly noted above,
particularly
own
averments
of
the
respondents as aforequoted, prima facie,
indicate
maintenance
of
false
and
fabricated
account/consumer
ledger
showing fictitious liabilities of consumers
with no accountability or any serious
efforts by the respondent No.1 to take
strong steps to stop the prevailing
situation and to save consumers from
illegal
and
arbitrary
actions
and
harassment by the officers and employees
so as to preserve fundamental rights of
people guaranteed under Article 14 and
21 of the Constitution of India."

4. In response, in the connected WritC No.23674 of 2021, a counter affidavit
dated 17.04.2022 of Sri Alok Sinha,
Additional
Chief
Secretary
(Energy),
Government of U.P., Lucknow has been
filed. In paragraphs-8, 9 and 10 of the
counter affidavit, the Additional Chief
Secretary on behalf of State of U.P., has
stated as under:-

"8. That for the functioning of
Standard of Performance of Uttar Pradesh
Electricity Regulation Commission Uttar
Pradesh government has gazetted through
ordinance
number
U.P.E.R.C/
Secretary/Manual/656
dated
16.12.2019
where it is provisioned in schedule 18(iii) that
if any consumer complaints about billing then
if complaint is not resolved even after a
definite time then consumer will be entitled
for the payment of compensation as damage.
Provisions are also there in S.O.P. for
various other reasons of wrong Bills. It is
also described in this S.O.P. that how a
consumer can apply for compensation. By
comprehensively advertising this S.O.P. and
by
increasing
consumer
vareness,
compensation will be provided to aggrieved
consumer.
The
loss
incurred
by
the
distribution companies for giving such
compensation will be recovered from accused
officer/staff personally. By this on one side
aggrieved victim will get justice on the
otherside limit will also be imposed on faulty
employees. True copy of the ordinance
number U.P.E.R.C/ Secretary/Manual/656
dated 16.12.2019 are being filed collectively
here with and marked as ANNEXURE C.A.2
to this affidavit.

9. In order for strict compliance to
stop
the
fraudulent
practice
of
making/issuing fake bill to the consumer's,
a detailed instructions has been issued to all
discom
of
UPPCL
vide
letter
no.
27/पी०एस०एम०डी०/पाकावि/2022 28 िरवरी,
2022 are being annexed with and marked as
ANNEXURE C.A.3 to this affidavit.

10. U.P. Power Corporation has
issued orders & instructions to ensure that
no
fraudulent
bills
are
served
to
consumers which includes wrong billing
11 All. Puttan Vs. State of U.P. & Anr.
1297
due to billing without actual release of
connection at site, billing for the period in
which the consumer has not used
electricity, wrong billing due to misfeeding
of meter reading, issuance of exaggerated
amount of section 5 notice under land
recovery act etc."

5. After noticing certain facts on
record, this Court passed an order dated
19.04.2022 (Paras 4, 5, 6 and 7)
observing as under:-

"4. Learned counsels for the
petitioners
jointly
submit
that
the
respondents have filed false and misleading
affidavits and in fact the authorities from
bottom to top are hand in gloves and are
involved in harassing ordinary consumers
which results in extreme corruption.
Learned counsels for the petitioners have
drawn our attention to a news item
published
in
a
daily
newspapers
'Hindustan' on 18.4.2022 titled as "अब
वबििी वबि ररिीिन में कर ड़ रूपय ं का
घ टािा". They further submits that in this
news item it is mentioned that the
Managing Director of the U.P. Power
Corporation Limited has constituted a
special team to enquire into corruption of
about Rs. 22 crores by departmental
engineers and employees in matters of bill
revision. However, neither in the counter
affidavit filed by the respondent no. 1
there is any reference to any such enquiry
nor in the letter of the Managing Director
of the U.P. Power Corporation, filed as
Annexure 3 to the counter affidavit, there is
any reference of any such enquiry.

5. In various affidavits filed
before this Court in batch of these writ
petitions, the respondents have made
endeavor to give a picture as if actions are
being taken but in reality, prima facie, it
appears that practically no actions are
taken. Despite there being commission of
offences as indicated by us in our earlier
orders, no material has been brought on
record to indicate that any action has been
taken by the respondent no. 1 or the
Managing Directors of the concerned
Power Distribution Corporation or the
Managing Director of the U.P. Power
Corporation Limited.

6. Learned Standing counsel
submits that the respondent no. 1 shall
bring on record details relating to enquiry
purportedly
instituted
in
matter
of
corruption relating to revision of bills. It
shall not be out of place to mention that in
the present batch of writ petitions fake
demands were firstly raised and the
grievance of the petitioners are not
addressed by the respondents and when
they filed writ petitions then respondents
have admitted before this Court that fake
bills/demands were created against the
petitioners.

7. Considering the facts and
circumstances of the case and submissions
of the learned counsel for the parties, we
direct the respondent no. 1 to file his
personal
affidavit
within
three
days
bringing on record the facts relating to
enquiry
instituted
by
the
Managing
Director of the U.P. Power Corporation
Limited in the matters of corruption in bill
revisions, if any."

6. On 05.05.2022, the learned Senior
Advocate for the Corporation filed a
personal affidavit of the Additional Chief
Secretary (Energy), Government of U.P.,
Lucknow dated 02.05.2022, the parties
were heard at length and the order dated
05.05.2022 (Paras-3 and 4) was passed, as
under:-
1298 INDIAN LAW REPORTS ALLAHABAD SERIES

"3. Several submissions have
been made by learned counsels for the
petitioners. Additionally, learned counsel
for the petitioner in Writ-C No.1858 of
2022 has submitted that the bill, as raised
by the respondents, has been deposited by
the petitioner but it still requires correction
and issuance of fresh demand, which has
not yet been done. Learned counsel for the
petitioner
also
submitted
that
the
respondents have caused harassment to the
petitioner for years together including
arrest which all are violative of Article 21
of the Constitution of India and for which
appropriate order needs to be issued by
this Court in exercise of powers conferred
under Article 226 of the Constitution of
India, in the interest of consumers. It is
further submitted that malpractices of
creation of fake and fictitious demands and
raising of fake bills are prevailing in
different parts of State of Uttar Pradesh
from a very long time which is also
reflected from the order passed by this
Court in the year 2001. Therefore, to save
people from the corrupt practice and
arbitrary
and
illegal
action
of
the
respondents, it is in the interest of justice
that a direction may be issued to the
respondents to conduct a special audit to
find out creation of fake and fictitious
demands in ledger and raising of fake and
fictitious bills. Learned counsels for the
petitioner have also drawn attention of this
Court to page nos.52, 121, 126, 130, 144,
170 and 176 etc. of the personal affidavit
dated 02.05.2022 filed on behalf of the
respondent no.1 by Shri M. Devraj,
Principal Secretary (Energy), Government
of U.P., Lucknow. They lastly submitted
that the writ petitions deserve to be allowed
with exemplary costs.

4. Learned Senior Advocate, on
instructions of the respondent no.1, states
that the respondents are ready and willing
to follow directions of this Court with
regard to special audit in the whole part of
the State of Uttar Pradesh to find out fake
and fictitious demands created in the
ledger, raising of fake and fictitious bills
etc. in the interest of general consumers,
and also remedial steps for discouraging
malpractices in the various offices of the
Corporation."

Writ-C No.23674 of 2021

7. Briefly stated facts of the present
case are that the petitioner applied for
agricultural electricity connection of 7.5
KVA for his tubewell and deposited
Rs.11,145/- on 26.02.2008 towards fees
etc. as demanded by the respondents, but
the respondents have neither granted
electricity connection to the petitioner
nor installed poles etc. On one hand, the
respondents have not granted electricity
connection to the petitioner and, on the
other hand, they started raising demands
of electricity dues against the petitioner.
The respondent nos.2/3 issued a recovery
certificate of Rs.4,83,103/- against the
petitioner towards electricity dues and
pursuant thereto, the respondent no.4 has
issued a recovery citation dated 26.07.2021
for the aforesaid amount.

8. Aggrieved with the dues and action
for recovery thereof by the respondents, the
petitioner has filed the present writ petition.
On 23.02.2022, this Court passed an
order (Paras-6 and 7) observing as
under:

"6. Today, learned counsel for
the respondent nos.2 and 3 has produced
certain letters of the respondent nos.2/3 or
the authorities subordinate to them which
shows that a fake and bogus demand of
electricity dues was created for years
together against the petitioner and the
11 All. Puttan Vs. State of U.P. & Anr.
1299
petitioner has been continuously harassed.
It is only when the petitioner has filed the
present writ petition, then the respondents
have withdrawn the recovery certificate.
The papers (13 in number) produced by
learned counsel for the respondent nos.2
and 3 are kept on record.

7. Considering the facts and
circumstances of the case and long practice
of
the
respondents
to
raise
fake
bills/demands
against
electricity
consumers, we direct respondent nos.1 and
3 to file counter affidavits by means of their
personal affidavits annexing therewith
copies of papers produced today by learned
counsel for the respondent nos.2 and 3 and
copy of ledger account of the petitioner
(consumer ledger account) and show cause
as to why exemplary cost may not be
imposed for harassing the petitioner for
years together on the basis of fake and
bogus demands created against him."

9. A counter affidavit by means of
personal affidavit of Additional Chief
Secretary on behalf of respondent No.1
dated 17.04.2022 has been filed and
paragraphs-8, 9 and 10 thereof have already
been reproduced above under the heading
"Writ-C No.27495 of 2021."

Writ-C No.1786 of 2022:-

10. This writ petition has been filed
praying for the following relief:-

"(a) Certiorari - quash the
impugned
recovery
citation
dated
25.01.2021 issued by Tehsildar, Tehsil
Sadar, District-Mirzapur/Respondent no.3
and undated demand notice issued by the
respondent no.4 (Annexure Nos.4 and 9) to
this writ petition.

(b) Issue a writ order or direction
in the nature of Mandamus directing the
respondent no.4 to consider and decide the
representation of the petitioner within
stipulated period in the interest of justice.

(c) Issue a writ order or direction
in the nature of Mandamus upon the
respondent's authority for the act and
conduct by which the economical, social
and physical harassment of the petitioner
was done and the Hon'ble Court may kindly
be pleased to impose the heavy cost upon
the respondent's authority with regard the
illegal activities and procedure adopted by
the respondents."

11. Annexure 5 to the writ petition is
the permanent disconnection report which
reveals that electricity connection of the
petitioner was disconnected permanently
on 25.02.2003. As per report dated
19.08.2021
made
on
the
aforesaid
permanent disconnection, it appears that
according to the respondent no.4, the
electricity dues of the petitioner, as on
the date of permanent disconnection, i.e.,
25.02.2003, was Rs.9,444/-. However,
respondent no.4 remained silent and
issued
a
recovery
certificate
for
Rs.3,82,169/- on the basis of which a
citation dated 25.01.2021 for Rs.4,01,278/-
(electricity
dues
-
Rs.3,82,169/-
+
collection charge - Rs.19,109/-) was issued
by the respondent no.3, i.e. Tehsildar,
Tehsil Sadar, District Mirzapur. The
petitioner submitted an application dated
08.04.2021 before the respondent no.4
supported by an affidavit whereby he
apprised the respondent no.4 of the entire
facts and requested it to withdraw the
demand.

12. Instead of withdrawing the
demand, the petitioner was arrested on
account of the aforesaid electricity dues
of Rs.3,82,169/- and news of arrest was got
published by the respondents in daily
newspapers alongwith photographs. After
1300 INDIAN LAW REPORTS ALLAHABAD SERIES
the
petitioner
somehow
deposited
Rs.82,000/-, he was released from civil
prison.

13. The petitioner submitted another
application through his son dated 28.09.2021
before the respondent no.4 which was also not
considered. Copy of the application was sent
by the petitioner to various authorities,
namely, District Magistrate, Mirzapur and
Superintendent of Police, Mirzapur, etc., but
no action was taken. Therefore, the petitioner,
after
being
released,
again
submitted
application before various authorities on
29.09.2021 and made serious allegations.
Despite all these facts, the respondent no.4
again issued a notice to the petitioner
showing dues of Rs.4,95,951/- as on
30.09.2021.

14. Thus, the grievance of the
petitioner is that a manipulated, fake and
baseless demand of electricity dues being
pressed against him despite permanent
disconnection on 25.02.2003, is not being
redressed by the respondent no.4 and he is
being harassed by the respondents.

15. In paragraph-10 of his counter
affidavit dated 15.02.2022, the respondent
No.2 (District Magistrate, Mirzapur) stated
that to recover the aforesaid dues, the Tehsil
Authorities took the petitioner under civil
custody on 28.09.2021. Thereafter, an
application supported by affidavit and a
permanent
disconnection
report
of
the
concerned authority requiring the petitioner to
deposit only Rs.9,444/- as electricity dues, was
submitted. Thereafter, the petitioner was
released from civil custody. The dues found
against the petitioner was only Rs.9,444/- as
against the demand created by the respondents
and consequential recovery citation issued for
Rs.4,01,278/-.

16. In paragraph-4 of his counter
affidavit
dated
13.02.2022,
the
respondent No.4, i.e. the Executive
Engineer stated that after the petitioner
was arrested pursuant to recovery citation,
his son represented and, thereafter it was
found
that
actual
dues
are
only
Rs.9,444/- and the total up-to-date
liability with disconnection charges was
found to be Rs.11,166/- and, therefore, he
instructed the Tehsil Authorities to release
the petitioner from civil prison. Thus,
alleged
contention
of
the
petitioner
pursuant to fake/ fictitious demand created
by the respondents, has been admitted by
the respondents.

Writ-C No.1858 of 2022

17. This writ petition has been filed
praying to quash the recovery citation dated
03.08.2021 issued by the respondent no.4
pursuant
to
the
recovery
certificate
forwarded by the respondent no.3.

18. According to the respondent nos.2
and 3, the petitioner was granted an
electricity
connection
of
1KW
on
11.07.2014 and the meter was installed on
16.01.2019. According to the petitioner, he
was given the electricity connection on
16.01.2019. It appears that a recovery
notice of Rs.1,59,598/- was sent by the
respondent no.3 which was immediately
replied
by
the
petitioner
through
application dated 08.01.2019 stating therein
that the dues are totally fake and there is no
electricity connection in the petitioner's
shop. Thereafter, the respondent no.3
installed the meter for 1 KW load on
16.01.2019 as evident from the meter
ceiling certificate dated 16.01.2019. Since
the respondent no.3 was not taking any
action and instead issued a recovery
certificate of Rs.2,31,858/-, therefore, the
petitioner
submitted
an
application
dated 07.10.2020 before the respondent
no.3 requesting to inquire into the matter
and withdraw the recovery certificate.
11 All. Puttan Vs. State of U.P. & Anr.
1301
Since nothing was done by the respondent
no.3,
therefore,
the
petitioner
filed
Complaint
Case
No.96
of
2019
(Brahamdeen vs. U.P. Power Corporation)
in the Court of Consumer Forum Banda in
which the respondent no.3 filed a written
statement dated 25.04.2021. In the written
statement, the respondent no.3 has clearly
stated in paragraph 14 as under :-

"ystj
ds
vuqlkj
cdk;k
#
222639@&A

vr% #161448@& {kn~e cdk;k
lekIr fd;k tkrk gSA"

19. In paragraph 14 of the written
statement, the respondent no.3 has stated as
under:

";g fd ifjoknh dks la;kstu ls ekg vizSy
2020 rd # 61]191@& dh /kujkf'k dk Hkqxrku
fu;ekuqlkj djuk vfuok;Z ,oa vko';d gSA"

20. Thus, it is evident from the written
statement of the respondent no.3 that as per
his own case, fake dues of Rs.1,61,448/- was
shown in the ledger and accordingly
recovery was being pressed against the
petitioner.

21. Thus, creation of fake dues and
recovery thereof by the respondents from the
petitioner caused the petitioner to file the
present writ petition praying to quash the
recovery citation dated 03.08.2021. The
respondent No.2, i.e. the Chairman, U.P.
Power Corporation Ltd. has filed his
personal affiavit dated 14.04.2022 in which
he admitted the fact of correct demand to be
only Rs.61,191/-. He also indicated in his
personal affidavit about initiation of certain
action against certain officers/ employees. In
paragraph-7 of his personal affidavit, he stated
that the default is on the part of concerned
officers in issuance of incorrect demand notice
without referring to the modified bill.

Submissions:-

22.

Learned
counsel
for
the
petitioners in each of the writ petitions
submitted that the respondents are habitual
of raising fake demands and thereby
coercing individual consumers including
their arrest/ detention and harrassment by
various means which is violative of
Articles 14 and 21 of the Constitution of
India. They submitted that from paragraph8 of the personal affidavit of the Additional
Chief Secretary dated 17.04.2022 filed on
behalf of the respondent No.1 in Writ-C
No.23674 of 2021, it appears that some
Rules have been enacted by the State
Government for compensation but neither it
has been precisely indicated in the counter
affidavit nor complete copy thereof has
been filed along with the aforesaid personal
affidavit. They further submit that as per
admitted facts, it is evident that raising of
huge fake demands against the consumers
and adopting coercive measures to recover
it from them is a practice prevailing in
different
Electricity
Distribution
Corporation in the State of U.P. and
grievances of consumers are not redressed
as a matter of practice unless the consumer
approaches the court or pleases the officers
for redressal of his grievances. They further
submit that the personal affidavit of the
Additional
Chief
Secretary
dated
02.05.2022 filed on behalf of the State of
Uttar Pradesh itself would clearly reveal
that a special audit conducted for a small
period revealed not only creation of fake
and fictitious bills against the consumers
but also malpractices prevailing in various
Power Distribution Corporation to reduce
actual demands of certain consumers
causing huge loss of revenue to the
Corporation. Therefore, there is an urgent
need not only in the interest of general
consumers but also in the interest of the
respondents that a special audit in the
matter of these Distribution Corporations
1302 INDIAN LAW REPORTS ALLAHABAD SERIES
be directed to be conducted by an expert
agency so that there may be a check on
harassment of general consumers on one
hand and on the other hand the Corporation
may not suffer financially on account of
fraud/ embazzlement being practiced by
officers and employees.

23. Learned Senior Advocate submits
that the respondents have taken all steps to
correct wrongs and are ready and willing to
take all actions as may be directed by this
Court with regard to special audit in the
whole of State of Uttar Pradesh to find
out fake and fictitious bills created in the
ledger
in
the
interest
of
general
consumers and also remedical steps for
discuraging
malpractices
in
various
offices of the Corporation. A statement in
this regard was given on behalf of the
respondents which has been noted by this
court in paragraph-4 of the order dated
05.05.2022 passed in the aforesaid leading
Writ-C No.27495 of 2021.
Discussion and Findings:-

24. We have carefully considered the
submisions of learned counsels for the
parties and perused the records of the writ
petition.

25. From the facts aforenoted, we find
that although there exists "The Uttar
Pradesh
Regulatory
Commission
(Standards of Performance), Regulations,
2019" (hereinafter referred to as "SOP
Regulations, 2019") enacted by the Uttar
Pradesh Electricity Regulatory Commission
in exercise of power conferred under
Section 181(1) and 181(2)(za & zb) read
with Sections 57(1), 57(2), 59(1) and
86(1)(i) of the Electricity Act, 2003 but the
aforesaid SOP Regulations, 2019 is not
being
observed
by
the
authorities/
Associate Distribution Corporations and it
remained only a paper work. Therefore,
there is an urgent need not only for strict
adherence
to
the
aforesaid
SOP
Regulations, 2019 but also for its proper
publicity regularly on website as well as in
newspapers for the month of January and
July each year and also to publish it,
particularly compensation structure and
information
of
procedure
for
filing
complaints; at the back of electricity bills
or separate handout which may be
distributed along with bills as provided in
Paragraph-9.4.3 of the S.O.P. Regulations,
2019. The aforesaid Regulations, 2019 as
published in the U.P. Extraordinary Gazette
dated 16.12.2019 is made part of this
judgment as Appendix-I.

26. Perusal of clauses 2.1(g), 7, 8.4.1,
9.4.3, Schedule-I and Schedule-III of the
SOP Regulations, 2019 would reveal that
although provision for compensation for
various deficiencies in service by the
licencees/ Power Distribution Corporations
have been made, yet on the facts of the
present case, we find that no action for
payment of compensation to the petitioners
on the admitted facts of the present case
have been made by the respondents.
Considering
the
admitted
prevailing
practice of creating or issuing fake
demands and issuing highly excessive bills
against large number of consumers in the
State of Uttar Pradesh and also to achieve
the primary object of the SOP Regulations,
2019 and that every details of online
complaints and resolution of complaints are
to be maintained or are available with the
concerned authorities of all the Associated
Power Distribution Corporations, therefore,
there is no need for lodging a separate
claim by consumers under Para 8.4.1 of
the SOP Regulations, 2019. Therefore,
we issue a general mandamus to all
concerned
authorities
of
Power
Distribution Corporations that they shall
at their own compute compensation
11 All. Puttan Vs. State of U.P. & Anr.
1303
payable to complainants in terms of the
SOP Regulations 2019 as per data
available with them with respect to the
each
complaint
and
shall
pay
compensation in terms of the aforesaid
SOP Regulations 2019 as per procedure
provided. The need of filing claim by a
consumer would arise only when the
consumer on a given set of facts, finds
himself dissatisfied with the compensation
granted by the authority concerned.

Direction for Disciplinary Action:-

27. In the counter affidavit filed by
the
Chairman
of
the
U.P.
Power
Corporation
and
also
by
the
State
Government, practice of creating fake
demands and raising fake bills against
consumers, have been admitted. The
Managing
Director,
U.P.
Power
Corporation has also admitted these facts in
his Letter No.PSMD/ikdkfy/2022 dated
28.02.2022 addressed to the Managing
Directors,
Madhyanchal/
Purvanchal/
Pashimanchal/ Dakshinanchal Electricity
Distribution
Corporations
filed
as
Annexure CA-3 in connected Writ-C
No.23674 of 2021, in which he stated that
issuance of bills to consumers of highly
excessive amounts etc. and issuance of
recovery notices/ certificates for recovery
thereof
not
only
causes
unnecessary
harassment to consumers but also creates
possibility of corruption which despite
instructions issued, are not being checked
and which needs to be checked cent percent
and in the event such matters come to light,
then departmental proceedings be initiated
against
the
erring
officers
and
the
compensation be paid to consumers to be
recovered from the concerned erring
officers/ employees. But facts of the
present cases still reveal that neither any
compensation was paid to petitioners nor
any concrete action has been taken against
the
erring
officers
and
employees.
Therefore, we direct the respondents to
initiate appropriate disciplinary action
against all the erring officers/ employees
who have been prima facie found guilty of
creating fake demands or issuing bills
illegally against the petitioners and making
recovery thereof; in accordance with law
within three weeks from today and
conclude disciplinary proceedings within
next six months.

Directions for Special Audit:-

28. In paragraphs-5, 6, 7, 8, 9 and 10
of the personal affidavit dated 02.05.2022
filed by the Principal Secretary (Energy),
Government of U.P. Lucknow on behalf of
the respondent No.1, it has been stated that
in
compliance
to
the
order
dated
19.04.2022 passed by this Court, the
Managing Director of the U.P. Power
Corporation has informed to the State
Government vide letter dated 22.04.2022
that for Electricity Distribution Division,
Deoria for the period from 22.11.2018 to
02.11.2020 and for Electricity Distribution
Division, Mahoba for the period from
01.04.2017 to 31.03.2021, a special audit
was conducted and special audit report was
submitted to the Director Finance, UPPCL,
Lucknow on 06.04.2022 which revealed
serious discrepancies and action on the
special audit reports are being taken against
the erring officers/ officials. Copies of the
aforesaid two special audit reports of
Distribution
Division,
Deoria
and
Distribution Division-I & II, Mahoba
have been filed as Annexures 2 and 3
respectively to the aforesaid personal
affidavit.

29. The aforesaid two special audit
reports of districts Deoria and Mahoba,
reveal two sets of illegalities by officers
and employees. The first set of illegalities
is raising fake/ fictitious bills/ demands and
1304 INDIAN LAW REPORTS ALLAHABAD SERIES
creating fake/ fictitious bills/ demands in
ledgers against consumers either against a
very low amount of actual dues or even
without electricity connection. The second
set of illegalities is more serious which
indicates embezzlement of very huge
amounts running in several crores of rupees
and thereby causing financial losses to the
State Government/ Corporations by several
means
including
embezzlement
of
permanent and also of temporary nature.
These two special audit reports relating to
two districts namely Deoria and Mahoba
are eye opener for the State Government so
as to prevent its own people from
harassment and breach of their fundamental
rights under Articles 14 and 21 of the
Constitution of India on the one hand and
on the other hand to protect its revenue and
punish its officers and employees and
officers/ employees of concerned Power
Distribution Corporations who are involved
in embezzlement or misappropriation or
benefiting unscrupulous consumers thereby
causing
loss
to
the
Government/
Distribution
Corporations.
The
State
Government is well aware of these
malpractices prevailing in the whole of
State of Uttar Pradesh and yet has
requested this court for a direction to it for
conducting special audit to take appropriate
steps to curb the malpractices, as is evident
from the statement made on behalf of the
State Government and noted in the
aforequoted order of this court dated
05.05.2022. Considering the large-scale
malpractices, maintenance of false and
fabricated ledger account of consumers
showing fictitious liability and issuance of
fake/
fictitious/
manipulated
bills
of
electricity dues thereby causing serious
harassment to consumers resulting in
breach of their fundamental rights under
Articles 14 and 21 of the Constitution of
India on the one hand and on the other hand
serious
malpractices
prevailing
in
Distribution
Division
of
Associate
Distribution Corporations in the State of
U.P. causing huge loss of revenue to the
State Government/ Power Corporation by
means
of
embezzlement
and
other
malpractices, we direct the State of Uttar
Pradesh through Principal Secretary
(Energy), Government of U.P. Lucknow
and the Managing Director of the U.P.
Power Corporation, Lucknow to develop
and put in place an effective mechanism
within three months from today to check
completely the illegal malpractices as
briefly mentioned above and also pointed
out in the two special audit reports of
district Deoria and Mahoba including
embezzlement of government money.