SARJU PRASAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF ENERGY LKO. AND 3 OTHERS
WRIC/8794/2025 · 2025-09-09
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163141 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163141 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8794 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, who appears for State-opposite parties no.1 and 4 and Sri Manish Jauhari, who appears for opposite parties no.2 and 3.
2. This writ petition has been filed with the following main prayers:-
"i) issue a writ, order or direction in the nature of certiorari quashing/setting aside the impugned recovery notice/citation dated 01.05.2025 issued by the opp. party no.4 i.e. Tehsildar, Tehsil Gauriganj, District-Amethi to the petitioner, for recovery of Rs. 77552/-as alleged in the electricity theft, which is contained as Annexure No.1 to this writ petition, in the interest of justice. ii) issue a writ, order or direction in the nature of mandamus commanding thereby directing to the respondents/authorities not to recover any amount from the petitioner in pursuance of Oath Commission 01.09.2025 issued by the opp. party no.4 i.e. Tehsildar, Tehsil-Gauriganj, District-Amethi, in the interest of Justice.”
3. Sri Manish Jauhari, on the basis of oral instructions, says although the p rovisional assessment order was served on the petitioner, but the final a ssessment order was not served on him and the recovery certificate has been issued.
4. Since the impugned recovery notice/citation dated 01.05.2025 has been issued without serving the final assessment order on the petitioner, the same is hereby set aside with a direction to the petitioner to file his objections to the provisional assessment order within a week from today. Versus Counsel for Petitioner(s) : Dileep Kumar Tiwari, Md.Khurshed Ahmad Counsel for Respondent(s) : C.S.C., Manish Jauhari Sarju Prasad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Energy Lko. And 3 Others .....Respondent(s)
If such objections are filed, the same shall be considered by the appropriate authority and the final assessment order shall be passed only thereafter.
5. Subject to above noted terms, writ petition stands allowed. September 9, 2025 Rao/- WRIC No. 8794 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench