Neutral Citation No. - 2025:AHC-LKO:3265-DB Court No. - 2 Case :- WRIT - C No. - 11435 of 2024 Petitioner :- Mohd. Shareef Respondent :- U.P. Power Corp. Ltd. Lko. Thru Chairman And 5 Others Counsel for Petitioner :- Mohd. Mansoor,Mohammad Danish Counsel for Respondent :- Neerav Chitravanshi Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Heard. 2. The grievance of the petitioner is that citation of recovery has been issued by the revenue authorities for recovery of amount of Rs.173558/- in pursuance to a recovery certificate issued by the authorities of electricity corporation based on provisional assessment without there being any final assessment order. Therefore, this is impermissible. He has relied upon a document annexed as annexure no.10 by which the petitioner has been informed about the aforesaid fact. The said document does not mention any final assessment order. 3. It appears to be a case of electricity theft. However, even in such matters, there has to be a final assessment order as against such an order there is an appeal under Section 127 of the Electricity Act, 2003 apart from the other remedies which may be available to the petitioner in law. In the absence of any final assessment order, a demand notice or recovery certificate cannot be issued by the official opposite parties for recovery of the electricity dues as arrears of land revenue. This is evident from provisions of Section 126 of the Act, 2003 itself. Learned counsel for electricity corporation is not present. This is a backlog fresh which has been listed at least five or six times. We, therefore, do not adjourn the matter, instead, we direct opposite party no.4 to get the facts verified as to whether any final assessment order has been passed. If it has been passed whether it has been served upon the petitioner or not. If he finds that it has not been passed then he shall withdraw the recovery certificate in pursuance to which citation of recovery has been issued. However, if he finds that though final assessment order has been passed but has not been served upon the petitioner, in that case also, he will withdraw the recovery certificate aforesaid and serve copy of the order upon the petitioner. It shall be open for the concerned opposite parties to pass of final assessment and if the same is not complied to take further proceedings for recovery of electricity dues as per law. To facilitate the aforesaid exercise, it is provided that till one month or till opposite party no.4 takes a decision and communicate it to the petitioner, the impugned recovery shall remain in abeyance. 4. Accordingly, the petition is disposed of. (Manish Kumar,J.) (Rajan Roy,J.) Order Date :- 20.1.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench