SUKHVEER v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN.SECY. REVENUE DEPTT. LKO. AND 3 OTHERS
WRIC/3960/2025 · 2025-04-29
Om Prakash Shukla, Rajan Roy
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 135767 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135767 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24408-DB Court No. - 2 Case :- WRIT - C No. - 3960 of 2025 Petitioner :- Sukhveer Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin.Secy. Revenue Deptt. Lko. And 3 Others Counsel for Petitioner :- Kapil Kumar Yadav,Anand Mani Tripathi Counsel for Respondent :- C.S.C.,Aprajita Bansal Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard Shri Anand Mani Tripathi, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and learned counsel holding brief Ms. Aprajita Bansal, learned counsel for the Electricity Corporation.
2. The petitioner has challenged an attachment order passed in recovery proceedings by the District Magistrate/S.D.M. concerned for recovery of electricity dues consequent to the petitioner having been found indulging in an electricity theft. The dues sought to be recovered are to the tune of Rs.1,94,924/-.
3. The petitioner's case is that he is not aware of any such proceedings, however, the learned counsel for the Electricity Corporation says that provisional assessment
order has already been passed on 11.12.2023 which was received by the petitioner and his signature exists on the record, a copy of the said document has been provided to the petitioner along with other relevant documents in this regard. The petitioner's counsel feigned ignorance.
4. Looking into the facts of the case, 15 day's time is granted to the petitioner to submit his response to the provisional assessment before the opposite party no. 4 who is said to be the authority competent, who shall, then, pass final assessment order within a period of two weeks of submission of such response.
5. The response if not filed, then, the benefit of this order shall seize to be available to the petitioner and the opposite party no. 4 shall communicate this fact to the Revenue Authorities for proceeding with the recovery.
6. Only for a period of four weeks the impugned action shall remain abeyance and shall abide by the decision to be taken and communicated as aforesaid.
7. With the aforesaid observations/directions, the writ petition is disposed of. . (Om Prakash Shukla,J.) (Rajan Roy,J.)
Order Date :- 29.4.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench