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2025 DAILYLAW 23890 (ALL)

KAMTA PRASAD v. STATE OF U.P. AND 4 OTHERS

WRIC/14604/2021 · 2025-08-03

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130635-DB Court No. - 3 Case :- WRIT - C No. - 14604 of 2021 Petitioner :- Kamta Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Verma Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari Hon'ble Shekhar B. Saraf,J. Hon'ble Prashant Kumar,J. 1. We have heard learned counsel on behalf of parties and perused the writ petition along with the affidavits filed by the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has sought the following substantial reliefs:- "I. Issue a writ, order or direction in the nature of certiorari to quash the impugned recovery citation dated 07.12.2020 a sum of Rs.849752/- issued by the respondent no.3 and impugned demand notice dated 18.09.2020 as sum of Rs.354826/- issued by the respondent no.4 (Annexure No.4). II. Issue a writ, order or direction in the nature of mandamus directing the respondents to not harass the petitioner or do not take any further action against the petitioner till the pendency of the present writ petition." 3. Upon perusal of the records it appears that two demand notices were issued against the petitioner one for the payment of electricity dues for the amount of Rs.8,49,752/- and another for electricity theft for the amount of Rs.3,54, 826/-. Subsequently, a recovery citation has been issued for the amount of Rs.8,49,752/-. 4. In our view, the demand notices are subject to appeal under Section 127 of the Electricity Act, 2003. Hence, it is open to the petitioner to avail the remedy by filing an appeal under Section 127 of the Electricity Act, 2003. 5. Needless to mention the benefit of Section 14 Limitation Act, 1963 shall apply. 6. With the above direction, the writ petition is disposed of. Order Date :- 4.8.2025 S.P. (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad