MOHD. ISMAIL SHAIKH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. (ENERGY) LKO. AND 3 OTHERS
WRIC/2603/2025 · 2025-03-26
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128894 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128894 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17248-DB Court No. - 2 Case :- WRIT - C No. - 2603 of 2025 Petitioner :- Mohd. Ismail Shaikh Respondent :- State Of U.P. Thru. Addl. Chief Secy. (Energy) Lko. And 3 Others Counsel for Petitioner :- Gyanendra Mishra Counsel for Respondent :- C.S.C.,Manish Jauhari Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard Shri Dhananjay Trivedi holding brief of Shri Gyanendra Mishra, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Manish Jauhari, learned counsel for the Electricity Corporation. Provisional assessment order was passed but no objections were filed by the petitioner, as claimed, therefore, the provisional assessment order was treated as final assessment, however, the fact is that no final assessment order was passed in terms of Section 126(3) of the Electricity Act, 2003. We, therefore, grant 15 days to the petitioner to file objections to the provisional assessment order dated 07.12.2022, copy of which shall be provided by Shri Manish Jauhari, learned counsel for the Electricity Corporation to the petitioner's counsel within a period of three days. The period of 15 days shall be counted thereafter. Thereafter, if any objections are received by the opposite party no. 4, he shall take a decision as to the final assessment and it is that decision which will prevail subject to right of appeal of the petitioner. The impugned recovery orders are quashed subject to fresh decision to be taken. The writ petition is allowed in the aforesaid terms. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 26.3.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench