HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8912 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 the State-opposite parties, Shri Manish Jauhari, learned counsel for opposite party no.2 to 4 and perused the record. 2. This writ petition has been filed by petitioner with following main prayer(s): "1. Issue a Writ, Order or Direction in the nature of Certiorari quashing the Impugned the R.C. Issued by the Tehsildar, Jalalpur, Ambedkar Nagar/Opposite Party no. 5 against the Petitioner for the recovery of Rs. 4,27,777/- as contained in Annexure no. 1 of this Writ Petition. 2. Issue a Writ, Order or Direction in the nature of Mandamus commanding the Opposite Parties No. 2 to 5 for not adopting any coercive measure against the Petitioner in pursuance of the R.C. dated 11.08.2025." 3. It has been submitted by learned counsel for the petitioner that premises of the petitioner were inspected on 02.09.2023 in his absence and a report was also lodged at Police Station Anti Power Theft, Jalalpur, Ambedkar Nagar. It was alleged that the petitioner had made an illegal cut in the cable of government tube-well line by connecting two core wires of 2mm and electricity of 3125 watt had been stolen by the petitioner and was being put to commercial use by him, which is an act punishable under Section 135(1)A of the Electricity Act, 2003. The Versus Counsel for Petitioner(s) : Shivanshu Goswami Counsel for Respondent(s) : C.S.C., Manish Jauhari Ankush Patel .....Petitioner(s) State Of U.P.Thru. Prin. Secy. Energy Deptt. Lko. And 4 Others .....Respondent(s) electricity of the petitioner's premises was disconnected and provisional assessment notice was received by him on 31.10.2023. The petitioner went to the office of the Executive Engineer, Jalalpur and was orally assured by the Executive Engineer concerned that they will look into the matter and do the needful. Later on recovery citation dated 11.08.2025 was issued by the Tehsildar, Jalalpur, Ambedkar Nagar under Section 141(3) of the U.P. Revenue Code, 2006. 4. It has also been submitted that since no final assessment order has been passed, a recovery citation could not have been issued. 5. Learned counsel appearing for opposite party nos.2 to 4 has placed before this Court copy of inspection note dated 02.09.2023 and copy of provisional assessment order dated 31.10.2023 as well as copy of final assessment order dated 01.05.2024. The final assessment order was sent to the petitioner by registered post from the office of the Executive Engineer, Electricity Distribution Division, Jalalpur, Ambedkar Nagar, copy of the receipt of such registered post has been affixed to the said final assessment order. 6. Learned counsel for the petitioner says that the petitioner did not receive any copy of final assessment order. Now a copy of final assessment order has been served upon learned counsel for the petitioner. 7. Learned counsel for the petitioner prays to withdraw the writ petition with liberty to the petitioner to approach the appellate authority. 8. The writ petition is dismissed as withdrawn with the aforesaid liberty. September 17, 2025 Anupam S/- WRIC No. 8912 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench