Neutral Citation No. - 2025:AHC-LKO:48489-DB Court No. - 2 Case :- WRIT - C No. - 7861 of 2025 Petitioner :- Suresh Kumar Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Energy Deptt. Lko. And 4 Others Counsel for Petitioner :- Rakesh Kumar Yadav,Hema Singh Counsel for Respondent :- C.S.C.,Amarjeet Singh Rakhra Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1, 2 and 3 and Ms. Sadhvi Kanchan appearing on behalf of Shri Amarjeet Singh Rakhra, who has accepted notice on behalf of the Opposite party nos.2, 4 and 5. 2. This petition has been filed by the petitioner for the following main prayers:- "i) To issued a writ, order or direction in the nature of Certiorari quashing the Demand Notice dated 17.09.2024 issued by the Opposite party no.4 under Section 3 of the U.P. Government Electricity Business Establishments (Recovery of Dues) Act, 1958, whereby directed the petitioner to pay Rs.1,42,438/- as final revenue assessment contained as Annexure No.1 along with consequential Notice dated 01.11.2023 contained as Annexure No.7 to the writ petition, in the interest of justice. ii) To issue a writ order or direction in the nature of Mandamus, directing the opposite parties not to take any coercive action against the petitioner in pursuance of the said impugned demand notice, in the interest of justice. iii) To issue any writ, order or direction which the Hon'ble Court deems just and proper in the light of the facts and circumstances of the case. iv) To award the cost of the petition to to the petitioner." 3. It appears from a perusal of the pleadings on record that the Demand Notice has been issued only after it was found on inspection that the petitioner was using electricity unauthorizedly. A provisional assessment order was initially issued, the petitioner filed objection and thereafter final assessment order was issued. A Demand Notice has been issued only thereafter which alone has been challenged by the petitioner before this Court. 4. The Counsel appearing for the Purvanchal Vidyut Vitran Nigam Limited has pointed out that the writ petition suffers from concealment of fact and a notarised affidavit has been signed by petitioner- Suresh Kumar Gupta, stating that a Vigilance Team has inspected the premises on 27.10.2022 and certain discrepancy was found. The petitioner has also stated that the petitioner has filed a writ petition before the High Court which he undertakes to withdraw and that he shall deposit the amount mentioned in the demand notice as expeditiously as possible. His case should be considered sympathetically. 5. In the writ petition, there is no mention of such affidavit having been filed before the Executive Engineer, Electricity Distribution Division-II, Pratapgarh. 6. The writ petition is dismissed with liberty to the petitioner to file an Appeal against the Final Assessment Order. Order Date :- 19.8.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench