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2025 DAILYLAW 151284 (ALL)

DR.AZAD KHAN v. STATE OF U.P. THRU. PRIN. SECY. ENERGY LKO. AND 3 OTHERS

WRIC/6643/2025 · 2025-07-17

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40963-DB Court No. - 2 Case :- WRIT - C No. - 6643 of 2025 Petitioner :- Dr.Azad Khan Respondent :- State Of U.P. Thru. Prin. Secy. Energy Lko. And 3 Others Counsel for Petitioner :- Rajesh Kumar Shukla,Kaushlendra Pratap Singh Counsel for Respondent :- C.S.C.,Manish Jauhari Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard Shri Rajesh Kumar Shukla, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Manish Jauhari, learned counsel for the opposite parties no. 2 to 4. After hearing the matter at some length what comes out is that a theft was detected for the second time in September, 2023. A provisional assessment was issued to the petitioner under Section 126 of the Electricity Act, 2003 to which no objections could be filed by the petitioner, but, without making final assessment a Recovery Certificate dated 01.04.2025, which is impugned herein, has been issued. Shri Manish Jauhari, learned counsel for the opposite parties no. 2 to 4 shall provide a copy of the provisional assessment to the petitioner's counsel within a period of three days. Thereafter, the petitioner shall submit his objections to the same within a period of 15 days and then, final assessment shall be made after considering the objections of the petitioner. Based thereon, consequences shall follow accordingly. However, as a Recovery Certificate could not have been issued without a final assessment, therefore, the impugned Recovery Certificate is quashed subject to the liberty aforesaid. With the aforesaid observations/directions, the writ petition is disposed of. . (Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 17.7.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench