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Allahabad High Court

ZABIULLAH KHANversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court held that the petitioner must seek installment relief under Clause 6.14 of the Electricity Supply Code, 2005 and therefore the petition was disposed without granting mandamus or quashing the assessment.

Summary

The petitioner filed a writ petition seeking (i) a certiorari to quash a final electricity bill assessment dated 22‑11‑2025 and (ii) a mandamus directing the respondent electricity department to allow payment of Rs 2,76,965 in easy equal installments. After arguments, the petitioner limited the relief sought to the second prayer only. The respondents contended that the Electricity Supply Code, 2005 provides a specific procedure for installment facilities under Clause 6.14. The Court held that the petitioner must invoke that statutory mechanism and therefore declined to issue a mandamus or quash the assessment. The Court directed the petitioner to file an application for installments with the competent authority within two weeks, attaching a certified copy of the order, and the authority was instructed to decide expeditiously. The petition was consequently disposed.

Issues considered

  • Whether the final assessment dated 22‑11‑2025 can be quashed by a writ of certiorari.
  • Whether a writ of mandamus can be issued directing the electricity department to allow payment in installments.
  • Whether the petitioner is required to follow the procedure prescribed in Clause 6.14 of the Electricity Supply Code, 2005 for installment facilities.

Legislation cited

Subjects

  • writ petition
  • mandamus
  • certiorari
  • installment payment
  • Electricity Supply Code 2005
  • consumer bill assessment
  • High Court of Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                       WRIT - C No. - 36562 of 2026

Zabiullah Khan
                                                          .....Petitioner(s)
                                  Versus

State Of U.P. And 2 Others
                                                        .....Respondent(s)

Counsel for Petitioner(s)      : Gaurav Tiwari, Tanveer Zafar Khan,
                                 Zeeshan Khan
Counsel for Respondent(s)      : C.S.C., Rishu Mishra

Court No. - 5
                    HON'BLE PRAKASH PADIA, J.
                    HON'BLE VIVEK SARAN, J.

1. |The petitioner has preferred the present petition with the following
prayers:-

     "I. Issue a writ order or direction in the nature of certiorari
     quashing the impugned proceedings pursuant to the impugned
     final assessment dated 22.11.2025 issued by the respondent
     no.3.


     II. Issue a writ order or direction in the nature of mandamus
     granting relaxation to the petitioner and directing respondent
     authorities to the recover the amount of Rs. 2,76,965/- in easy
     equal installments as specify by this Hon'ble Court."

2. After some arguments, learned counsel for the petitioner confined his
prayer only to the prayer No.2.

3. It is argued by learned counsel appearing on behalf of respondent-
electricity department that a complete procedure has been prescribed
under Clause 6.14 of Electricity Supply Code, 2005 by which installment
facility has been provided to the consumer.

4. In this view of the matter, we disposed of the present petition
permitting the petitioner to submit an application for installments before
the concerned competent authority as per Clause 6.14 of Electricity
                                                                                         WRIC No. 36562 of 2026
                                                                 2


                                  Supply Code, 2005 within a period of two weeks from today along with
                                  certified copy of this Court. In case, the petitioner does so, the concerned
                                  competent authority will take a decision in the matter expeditiously
                                  strictly in accordance with law.



                                                                       (Vivek Saran,J.) (Prakash Padia,J.)
                                  September 30, 2026
                                  saqlain




Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad


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