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Allahabad High Court · body

2025 DAILYLAW 173129 (ALL)

MOHD. KAMAR ALIAS MOHAMMAD QAMAR KHAN v. THE STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF ENERGY AND 4 OTHERS

WRIC/10381/2025 · 2025-11-10

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10381 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel for the parties. 2. The present matter pertains to the issuance of a recovery notice for electricity dues initiated by the respondents. 3. Learned counsel appearing on behalf of the respondents has fairly submitted that the final assessment order followed by the recovery notice was done without granting any opportunity of hearing to the petitioner. 4. Upon perusal of the record, we are of the view that the petitioner should be afforded an opportunity of hearing before the final assessment order. 5. Accordingly, the impugned final assessment order and the consequential recovery notice are hereby quashed and set aside. The concerned authorities are directed to provide the petitioner an opportunity to submit objections and to be heard and thereafter, a reasoned order shall be passed in accordance with law. 5. In view of the above, the writ petition stands disposed of. November 10, 2025 Arjun/- Versus Counsel for Petitioner(s) : Anil Kumar Mishra, Arun Chand Pandey, Ram Bahadur Maurya Counsel for Respondent(s) : C.S.C., Manish Jauhari (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Mohd. Kamar Alias Mohammad Qamar Khan .....Petitioner(s) The State Of U.P. Thru. Prin. Secy. Deptt. Of Energy And 4 Others .....Respondent(s) Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench