Neutral Citation No. - 2025:AHC:121790 Court No. - 5 Case :- WRIT - A No. - 16194 of 2023 Petitioner :- Ram Kumar Verma Respondent :- U.P. Power Coropration Ltd And 5 Others Counsel for Petitioner :- Manu Mishra Counsel for Respondent :- Abhishek Srivastava,Ajeet Kumar Singh,Manu Ghildyal Hon'ble Saurabh Shyam Shamshery,J. Heard Mr. Ajeet Kumar Singh, learned counsel for the respondents. Mr. Manu Mishra, learned counsel for the petitioner is not present. The petitioner has made the following prayer:- "(i) To issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 10.05.2019 and 25.05.2023 passed by respondent nos. 4 & 6 respectively. (ii) To issue a writ order or direction in the nature of mandamus directing the respondent department to refund the amount recovered, if any pursuant to impugned order dated 10.05.2019, alongwith 18% interest thereon in favour of the petitioner in the light of representation dated 12.07.2023 submitted by the petitioner before respondent no. 3, within stipulated time period as may be fixed by this Hon'ble Court." This Court has passed the following order on 07.11.2023:- "(Order on the Writ Petition) A perusal of the order dated 10.05.2019 shows that recovery of a sum of Rs. 8,39,943/- has been ordered to be made from the petitioner on account of illegal collection from consumers, after he has been relieved of his duties by the Dakshinanchal Vidyut Vitran Nigam Limited on 25.09.2019 as the Sub- Divisional Officer, Vidyut Vitran Khand, Sikandra, Kanpur Dehat. By subsequent order dated 25.05.2023, the petitioner has been directed to pay Rs. 8,39,943/- upon pain of action against him. The submission of learned Counsel for the petitioner on 25.09.2023, and recorded in the order of that date, was that the order impugned dated 10.05.2023 was passed, without notice or opportunity being afforded to the petitioner. Mr. Ajeet Kumar Singh, learned Counsel appearing on behalf of respondent Nos. 2 to 6 states, on instructions received, that indeed, the order impugned has been passed without any opportunity of hearing. Learned Counsel for the respondents is granted two weeks' time to file a counter affidavit. Adjourned to 29.11.2023. To be taken up in the additional cause list for admission, along with a report regarding status of pleadings. Until further orders of this order, operation of the impugned order dated 10.05.2019 and 25.05.2023 passed by the Superintending Engineer, Vidyut Vitran Mandal, Dakshinanchal Vidyut Vitran Nigam Limited, Kanpur Dehat, and the Executive Engineer, Vidyut Vitran Khand, Jhijhak, Dakshinanchal Vidyut Vitran Nigam Limited, Kanpur Dehat respectively, shall remain suspended, and no recovery shall be made from the petitioner. (Order on Civil Misc. Stay Application No. 1 of 2023) Issue notice. For orders, see my order of date passed on the writ petition. The Registrar (Compliance) is directed to communicate this order to the Superintending Engineer, Vidyut Vitran Mandal, Dakshinanchal Vidyut Vitran Nigam Limited, Kanpur Dehat and the Executive Engineer, Vidyut Vitran Khand, Jhijhak, Dakshinanchal Vidyut Vitran Nigam Limited, Kanpur Dehat within 48 hours next." Mr. Ajeet Kumar Singh, learned counsel for the respondents submits that the impugned order was already challenged by the petitioner before the Appellate Authority, which was also though disclosed in the writ petition but not taken note in the aforesaid order. I have considered the above submissions and taking note of the observations made by the co-ordinate Bench in the aforesaid order dated 07.11.2023, which are not substantially denied by the respondents. Therefore, even in the absence of the counsel for the petitioner, in the interest of justice, this writ petition is disposed of making the interim order absolute and the impugned orders are set aside. However, the respondents will have a liberty to initiate an enquiry in terms of due process by adhering to the principles of natural justice. Order Date :- 24.7.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad