ARIF SHAH v. STATE OF U.P. THRU. SECY. MINISTRY OF ENERGY LKO. AND 4 OTHERS
WRIC/6534/2025 · 2025-07-22
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150393 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150393 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 2 Case :- WRIT - C No. - 6534 of 2025 Petitioner :- Arif Shah Respondent :- State Of U.P. Thru. Secy. Ministry Of Energy Lko. And 4 Others Counsel for Petitioner :- Rajesh Kumar,Ram Kishan Sharma Counsel for Respondent :- C.S.C.,Aprajita Bansal,Neerav Chitravanshi Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the petitioner, Ms. Rawat, Advocate holding brief of Ms. Aprajita Bansal, learned counsel for the opposite party no. 3 as well as learned Standing Counsel.
2. The assertion of the petitioner is that a recovery certificate has been issued to the petitioner without any assessment whether provisional or final and without serving the same upon him.
3. The writ petition is disposed of with liberty to the petitioner to move an application in this regard before the opposite party no. 3 pointing out the errors as noticed above, whereupon the Sub-Divisional Officer should get the
facts verified firstly, as to whether any provisional assessment was made, whether it was served upon the petitioner, if so, whether there is proof of service. If the answer to the aforesaid is in the affirmative, then it shall be verified as to whether any final assessment was made and served upon the petitioner and whether there is any proof of service. If the answer is in affirmative, then, he shall inform the petitioner in writing. However, the answer to any of the questions is negative, then, he shall withdraw the recovery certificate with liberty to pursue afresh, in accordance with law.
4. Let this exercise be completed within one month. Till such decision is taken by opposite party no. 3, the impugned recovery shall remain in abeyance. (Manish Kumar, J.) (Rajan Roy, J.)
Order Date :- 22.7.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench