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2025 DAILYLAW 103098 (ALL)

SMT. REETA MISHRA v. STATE OF U.P. AND 4 OTHERS

WRIC/35114/2025 · 2025-10-06

Indrajeet Shukla, Saumitra Dayal Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35114 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Sri Harish Chandra Dwivedi, learned counsel for the petitioner and learned Standing Counsel for the State. 2. Challenge has been raised to the Recovery Citation dated 22.07.2025 seeking to recover Rs. 1,52,145/- 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. 35,000/- 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) : Harish Chandra Counsel for Respondent(s) : C.S.C., Chetan Chatterjee Smt. Reeta Mishra .....Petitioner(s) State Of U.P. And 4 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 7, 2025 Prakhar WRIC No. 35114 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- PRAKHAR SRIVASTAVA High Court of Judicature at Allahabad