NOMAN AHMAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND 3 OTHERS
/11282/2025 · 2025-11-24
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DailyLaw.ai
[ 2025 DAILYLAW 176312 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176312 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11282 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-Respondent no.1 and Ms. Neera Yadav appearing for the Opposite party nos.2 to
4. 2. This petition has been filed by the petitioner for the following main prayer:-
"i) Issue a writ, order or direction in the nature of Certiorari to quash the assessment order/ recovery notice No.1990 dated 20.05.2025 and assessment order / recovery notice no.2413 dated 06.06.2025 annexed as Annexure Nos.2 and 3 respectively to the writ petition so that justice be done."
3. The counsel for the petitioner has stated that a Team of Opposite party no.2 made a raid on the premises of the petitioner and prepared a Spot Memo on the basis of altogether incorrect facts alleging that petitioner was unauthorizedly using electricity from the pole by using 16 MM thick wire. After such inspection/raid was carried out on 30.04.2025, a letter was issued to the petitioner on 20.05.2025 fixing his liability to the tune of Rs.3,76,659/-. Later on, another letter was issued on 06.06.2025 by the Executive Engineer assessing the Versus Counsel for Petitioner(s) : Ashutosh Dhar Dubey, Roshani Pandey Counsel for Respondent(s) : C.S.C., Neera Yadav Noman Ahmad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 3 Others .....Respondent(s)
liability of the petitioner as Rs.5,87,133/-. The Provisional Assessment Orders having been received, the petitioner has submitted an explanation but no steps have been taken in this regard by the Respondents. 4. Learned counsel appearing for the Power Corporation has produced before this Court a Office Memo dated 19.06.2025 wherein it has been mentioned that after checking was carried out of the premises of the petitioner Report No.40/6802 dated 30.04.2025 was lodged. The Notice No.1990 dated 20.05.2025 is a correct notice. The other notice which the petitioner was talking about, issued to him on 06.04.2025 was not issued to him but was incorrectly sent to the petitioner because of fault of the Computer Assistant in doing a cut- paste job. 5. This petition is disposed of with a direction to the petitioner to submit his objections, if any, to the Provisional Assessment within a week from today.
After such objection is submitted, the Executive Engineer shall pass an appropriate Final Assessment Order within a period of three weeks' thereafter. November 24, 2025 N.PAL WRIC No. 11282 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench