VIRENDRA BAHADUR SINGH v. STATE OF UP AND 2 OTHERS
WRIC/12183/2025 · 2025-05-13
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46932 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46932 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:79035-DB Court No. - 40 Case :- WRIT - C No. - 12183 of 2025 Petitioner :- Virendra Bahadur Singh Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Avinash Kumar Singh,Jagdish Narayan Gupta Counsel for Respondent :- C.S.C.,Udit Chandra Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard learned counsel appearing for the petitioner and Sri Udit Chandra, learned counsel appearing on behalf of the Electricity Distribution Corporation. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner has sought a direction to the respondents to correct the demand of dues in view of Section 152 of the Electricity Act, 2003, and a direction to restrain them from adopting any coercive measures against the petitioner. Also, the petitioner has sought a direction to the respondents to accept the dues in easy installments. In the present factual matrix, it appears that the final assessment
order has been passed without proper opportunity of hearing granted to the petitioner. In light of the above, the final assessment order dated April 30, 2025, is quashed and set aside with liberty granted to the petitioner to file an objection/reply to the provisional assessment, within a period of two weeks from date. Once the objection to the provisional assessment is filed, the authority concerned is directed to pass an order in accordance with law, after granting an opportunity of hearing to the petitioner. With the aforesaid directions, the writ petition is disposed of.
Order Date :- 14.5.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad