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2025 DAILYLAW 150806 (ALL)

SONAM HANEEF v. MADHYANCHAL VIDYUT VITRAN NIGAM LTD. THRU, ITS MANAGING DIRECTOR AND 2 OTHERS

WRIC/6563/2025 · 2025-07-15

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40215-DB Court No. - 2 Case :- WRIT - C No. - 6563 of 2025 Petitioner :- Sonam Haneef Respondent :- Madhyanchal Vidyut Vitran Nigam Ltd. Thru, Its Managing Director And 2 Others Counsel for Petitioner :- Rajesh Kumar,Amitabh Pratap Singh Counsel for Respondent :- Neera Yadav,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. (C.M. Application No.Nil of 2025) 1. This is an application for amendment. 2. Heard. 3. No objection has been filed to the amendment application. 4. Accordingly, the application for amendment is allowed. 5. Let necessary amendment be carried out. (Order on petition) 6. Learned counsel for the electricity corporation says that a final assessment was made under Section 126 of the Electricity Act, 2003 (in short 'the Act, 2003') on 28.12.2024. She has placed before us the alleged final assessment. However, learned counsel for the petitioner says that his client never received this document. We asked learned counsel for the electricity corporation to satisfy as to service upon the petitioner, she fairly submitted that there is no postal receipt available in the department though there is an entry in the dispatch register. She says that objections of the petitioner to the provisional assessment which was duly served upon him were taken into consideration and as there was nothing of substance worth considering, therefore, the final assessment has been made. The assessment order has not been challenged before us. 7. Looking into the facts of the case, we grant liberty to the petitioner to challenge the final assessment dated 28.12.2024 under Section 127 of the Act, 2003 and if any such appeal is filed within the next fifteen days then it shall not be rejected on the ground of limitation, if any, but shall be decided on merits. 8. Accordingly, the writ petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 15.7.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench