KAMLESH KUMAR SINGH v. UTTAR PRADESH POWER CORPORATION SHAKTI BHAWAN AND 2 OTHERS
WRIC/12821/2025 · 2025-04-27
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46820 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46820 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:64848-DB Court No. - 40 Case :- WRIT - C No. - 12821 of 2025 Petitioner :- Kamlesh Kumar Singh Respondent :- Uttar Pradesh Power Corporation Shakti Bhawan And 2 Others Counsel for Petitioner :- Alok Kumar Dubey,Gaurav Tripathi,Saumitra Dwivedi Counsel for Respondent :- Abhishek Srivastava,Krishna Agarawal Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial reliefs;
"A. Call for record of the case and issue a writ, order or direction in the nature of certiorari quashing the orders dated 31.12.2024 as well as 03.10.2024 passed by respondent no.3. B. Issue a writ order or direction in the nature of mandamus commanding the respondents authorities not to take any coercive measure against the petitioner in pursuance of orders dated 31.12.2024 as well as 03.10.2024."
3. Upon perusal of the documents and after considering the submissions made by the counsel appearing on behalf of the parties, we are not satisfied with the final assessment order dated December 31, 2024, as the same is a non speaking order and does not take into account the objections raised by the petitioner.
4. In light of the above, the order dated December 31, 2024 is quashed and set aside with a direction upon the petitioner to file a detailed objection to the provisional assessment order, that has been passed, within a period of two weeks from date. Upon receipt of the same, a date of hearing should be fixed by the respondent authority for grant of personal hearing to the petitioner, and thereafter, a final assessment order should be passed within a period of four weeks. The electricity of the petitioner should be reconnected forthwith, however, the said re- connection shall be subject to the final assessment order.
5. With the aforesaid directions, the writ petition is disposed of. Order Date :- 28.4.2025 Kuldeep (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad