Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 160181 (ALL)

SHRIRAM VISHWAKARMA v. STATE OF U.P. THRU. PRIN. SECY. ENERGY LKO. AND 3 OTHERS

WRIC/8245/2025 · 2025-08-29

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8245 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Manish Jauhari, learned counsel appearing for the respondents no.2 & 3. 2. This writ petition has been filed with the following main prayers:- "(i) issue writ, order or direction in the nature of certiorari, quashing the letter No. 5981/Vi.Vi.Kha. (Aa) dated 07.10.2023 issued by opposite party No. 3 and Recovery Certificate (Prapatra-36) dated 9.6.2025 issued by opposite party No. 4 as contained in annexure No. 1 and 2 to this writ petition. (ii) issue writ, order or direction in the nature of mandamus directing the opposite party No. 3 and 4 to regularize the illegal electricity dues in pursuance of the recovery certificate dated 9.6.2025." 3. Sri Manish Jauhari, learned counsel appearing for the respondents no. 2 & 3 has raised a preliminary objection regarding the maintainability of the writ petition. It has been submitted that as is evident from the pleadings on record the premises of the petitioner were raided by the patrolling team of the Electricity Department on 08.08.2023. The petitioner was found using electricity unauthorizedly and he was issued a Provisional Assessment Order, and thereafter, a Final Assessment Order. Versus Counsel for Petitioner(s) : Avinash Mishra Counsel for Respondent(s) : C.S.C., Manish Jauhari Shriram Vishwakarma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Energy Lko. And 3 Others .....Respondent(s) The petitioner has challenged the Final Assessment Order and the Recovery Notice before the District Consumer Forum, Ambedkar Nagar on 13.06.2025 and has simultaneously approached this Court praying for stay of Recovery Certificate dated 09.06.2025. 4. It has also been submitted that there is a statutory remedy under Section 127 of the Electricity Act, which the petitioner has not availed. 5. This writ petition is disposed of with liberty to the petitioner to move an appropriate application under Section 127 of the Electricity Act before the Commissioner of the Division concerned within a week from today. August 29, 2025 Darpan Sharma WRIC No. 8245 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench