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2025 DAILYLAW 168346 (ALL)

HASEEB v. STATE OF U.P. THRU. PRIN. SECY. ENERGY LKO. AND 2 OTHERS

WRIC/9797/2025 · 2025-10-09

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9797 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel and Shri Manish Jauhari, learned counsel for the respondent nos. 2 and 3. 2. The present petition has been filed with the following relief(s):- "(i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 10.06.2025, passed by opposite party no.3, in the interest of justice. (contained in Annexure No.1) (ii) Issue a writ, order or direction in the nature of mandamus thereby directing the opposite party no.3 to change the electricity meter of the petitioner, in the interest of justice." 3. Learned counsel appearing on behalf of the petitioner submits that the representation of the petitioner has been rejected by means of the impugned order in highly arbitrary manner. 4. Upon considering the facts and circumstances of the case, we are of the view that another opportunity should be granted to the petitioner for filing objection against the provisional assessment order as per Section 126 (3) of Electricity Act, 2003. 5. Having regard to the mandate of law as contained under Section 126(3) of Electricity Act, 2003, we dispose of the instant petition with liberty to Versus Counsel for Petitioner(s) : Naseem Ahamad, Avadhesh Mishra, Ram Sagar Counsel for Respondent(s) : C.S.C., Manish Jauhari Haseeb .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Energy Lko. And 2 Others .....Respondent(s) the petitioner to file objection against the provisional assessment order dated 31.08.2024. In the event such an objection is filed, the same shall be considered and final assessment order shall be passed by the respondent no. 3 after providing opportunity of hearing to the petitioner within a period of eight weeks. 6. With the aforesaid observation, the writ petition is disposed of. October 9, 2025 Raj WRIC No. 9797 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench