ABDUL MABOOD KHAN v. MANAGING DIRECTOR, U.P. POWER CORPORATION LTD. LKO. AND 2 OTHERS
WRIC/6903/2025 · 2025-07-24
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152363 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152363 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42610-DB Court No. - 2 Case :- WRIT - C No. - 6903 of 2025 Petitioner :- Abdul Mabood Khan Respondent :- Managing Director, U.P. Power Corporation Ltd. Lko. And 2 Others Counsel for Petitioner :- Bharat Kumar Dixit Counsel for Respondent :- Neerav Chitravanshi,Aprajita Bansal Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J.
1. Heard.
2. The petitioner has challenged the recovery certificates dated 19.03.2024 and 26.05.2025 issued by the Electricity Department seeking to recover an amount of Rs. 1,54,000/- and odd.
3. The contention of petitioner's counsel is that the petitioner had responded to the provisional assessment but without serving the final assessment order, the said recovery certificates have been issued.
4. Counsel for the Electricity Corporation, Ms. Aparajita Bansal, says that the final assessment was done on 01.03.2025. She has placed before us a copy of the final assessment order and a copy thereof has been provided to the petitioner.
5. We have perused the said final assessment order. We do not find any consideration of the objections of the petitioner to the provisional assessment nor is it the case of the Electricity Corporation, as of now, that the same were considered and a reasoned decision was taken as to why the objections were not valid.
6. On being confronted with the situation, counsel for the Electricity Corporation fairly submitted that the recovery certificates may be quashed with liberty to the concerned Officer to make a fresh final assessment after considering the objections of the petitioner to the provisional assessment.
7. In view of the aforesaid, we quash the recovery certificates dated 19.03.2024 and 26.05.2025 as also the final assessment dated 01.03.2025 with liberty to the concerned Officer to take a fresh decision after considering the objections of the petitioner and thereafter to proceed, if there is a cause.
8. The writ petition is allowed. [Manish Kumar, J.] [Rajan Roy, J.] Order Date :- 24.7.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench