Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33839 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Pradeep Kumar Yadav learned counsel for the petitioner, learned Standing Counsel for the State and Sri Baleshwar Chaturvedi learned counsel for the Distribution Corporation.
2. Challenge has been raised to the demand notice dated 24.09.2024 seeking to recover Rs. 92,554/- from the petitioner towards electricity dues.
3. Presently, it is not clear if assessment procedure has been fully complied. Petitioner claims no opportunity of hearing was given to him before the impugned demand came to be created.
4. In view of such facts, no useful purpose may be served in keeping such a petition pending or calling for counter affidavit at this stage. To the extent petitioner may not have been given opportunity of hearing, it is desirable that one opportunity is given to the petitioner before the Assessing Officer/respondent No. 3 under Clause 6.8 of the U.P. Electricity Supply Code 2005.
5. Accordingly, writ petition is disposed of with a direction, subject to the petitioner depositing Rs. 10,000/- towards the disputed demand within a period of one month, he may file appropriate application before respondent No. 3 within a further period of one week therefrom. Subject to such compliance, respondent No. 3 may proceed to deal with and decide petitioner's objection by a reasoned and speaking order, strictly in accordance with law, after confronting the petitioner with all adverse Versus Counsel for Petitioner(s) : Pradeep Kumar Yadav Counsel for Respondent(s) : Baleshwar Chaturvedi, C.S.C. Jagat Pratap Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
material being relied against the petitioner and by giving opportunity of personal hearing as expeditiously as possible, preferably within a period of two months from the date of application being filed by the petitioner. October 8, 2025 Faraz WRIC No. 33839 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- FARAZ AHMAD High Court of Judicature at Allahabad Digitally signed by :- FARAZ AHMAD High Court of Judicature at Allahabad