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2025 DAILYLAW 141927 (ALL)

JAGAN LAL GUPTA v. STATE OF U.P. THRU. COLLECTOR / DIST. MAGISTRATE AMBEDKAR NAGAR AND 3 OTHERS

WRIC/5068/2025 · 2025-06-05

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34620-DB Court No. - 2 Case :- WRIT - C No. - 5068 of 2025 Petitioner :- Jagan Lal Gupta Respondent :- State Of U.P. Thru. Collector / Dist. Magistrate Ambedkar Nagar And 3 Others Counsel for Petitioner :- Ram Singh,Ashish Singh Counsel for Respondent :- C.S.C.,Manish Jauhari Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J Heard. Petitioner has applied for commercial electricity connection for installation of a flour mill in the village. Application has been accepted on 28.07.2022 on receipt of payment. Subsequently, an assessment of Rs. 400630/- was made. Learned counsel for the petitioner submits that a provisional assessment was made which was sent to the petitioner Jagan Lal Gupta by registered post on 05.11.2022 but he did not file any objection. Final assessment was made on 15.01.2024. It is only thereafter the recovery certificate was issued on 25.01.2025 which has led to the issuance of the citation of recovery by the revenue authorities. Assessment orders have not been challenged under section 127. Without going into the claim of the petitioner that provisional assessment was never served as the amount sought to be recovered is more than 4 lakhs, let the petitioner move an application before the executive engineer concerned raising an objection, whereupon, the facts shall be got verified by the executive engineer who will look into the matter as to whether the grievance of the petitioner is genuine or not and take a decision in this regard within three weeks of submission of such application. Only for a period of four weeks, the citation of recovery shall be kept in abeyance. It is, however, provided that if the decision of the executive engineer goes against the petitioner and subject to his right to appeal, if any, he will have to pay the due amount. Accordingly, the writ petition is disposed of. Order Date :- 5.6.2025 K.K. Maurya (Praveen Kumar Giri, J.) (Rajan Roy, J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench