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2025 DAILYLAW 131474 (ALL)

CHANDRA DEV SHUKLA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF SOURCES OF ENERGY, LKO. AND OTHERS

WRIC/3176/2025 · 2025-04-03

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18645-DB Court No. - 2 Case :- WRIT - C No. - 3176 of 2025 Petitioner :- Chandra Dev Shukla And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Sources Of Energy, Lko. And Others Counsel for Petitioner :- Dinesh Kumar Ojha Counsel for Respondent :- C.S.C.,Manish Jauhari Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard Shri Dinesh Kumar Ojha, learned counsel for the petitioners, learned Additional Chief Standing Counsel for the State and Shri Manish Jauhari, learned counsel for the Electricity Corporation. 2. The petitioners have challenged recovery citation dated 26.12.2024 issued by the opp. party No. 3. 3. Contention is that after the provisional assessment, the petitioners filed objection, whereupon fresh inspection was ordered by the Executive Engineer and till date, no final assessment order has been passed, yet the recovery citation has been issued. 4. Let the opposite party No. 2-Executive Engineer, Vidyut Vitran Khand-II, Mandhyanchal Vidyut Vitran Nigam Ltd., district Sultanpur, get the facts verified and if he finds that the final assessment has not been made as yet, he shall withdraw the recovery certificate, however, if he finds that the same has been done, after service of provisional assessment order upon the petitioners and considering the objections, if any, then he shall inform the petitioners in writing about the same. Let this exercise be completed within three weeks. Till then or till fresh decision is taken, impugned recovery shall remain in abeyance. 5. With the above observations/directions, this writ petition is disposed of. . (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 3.4.2025 Ajit Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench