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2025 DAILYLAW 195282 (ALL)

MOHAMMAD HUSAIN @ TEEPU v. STATE OF U.P. THRU. PRIN. SECY. ENERGY DEPTT. LKO. AND 4 OTHERS

WRIC/10851/2025 · 2025-11-21

Manjive Shukla, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10851 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsels appearing for the parties. 2. The present matter pertains to the issuance of a recovery certificate for electricity dues. 3. Learned counsel appearing on behalf of the respondent has fairly submitted that the final assessment order dated 03.04.2025 was passed ex parte. 4. Upon perusal of the record, we are of the view that the petitioner should be afforded an opportunity of hearing to file objections against the provisional assessment. Thereafter, a fresh final assessment order shall be passed. 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 within a period of twelve weeks. 5. In view of the above, the writ petition stands disposed of. 6. It is made clear that the petitioner shall not seek any unnecessary adjournment in the matter. November 21, 2025 Lokesh Kumar Versus Counsel for Petitioner(s) : Sabir Ali Counsel for Respondent(s) : C.S.C., Manish Jauhari (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Mohammad Husain @ Teepu .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Energy Deptt. Lko. And 4 Others .....Respondent(s) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench