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2025 DAILYLAW 53818 (ALL)

MUNNI DEVI GANGWAR v. STATE OF U.P. AND 4 OTHERS

WRIC/14083/2025 · 2025-06-30

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101245-DB Court No. - 3 Case :- WRIT - C No. - 14083 of 2025 Petitioner :- Munni Devi Gangwar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Santosh Kumar Tiwari Counsel for Respondent :- C.S.C.,Krishna Agarawal,Mukesh Kumar Singh Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State and Sri Mukesh Kumar Singh, learned counsel appearing on behalf of the respondent Nos.3 & 4. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the recovery citation dated February 24, 2025 issued by the respondent No.5/Tehsildar, Tehsil Sadar, District Bareilly. 3. It is to be noted that in the present case, the recovery citation is in reference to a pending appeal with regard to disconnection of the electricity that was permanently disconnected in the year 2016. It is to be further noted that no explanation has been provided by the counsel appearing on behalf of the respondent Nos.3 and 4 as to why no steps were taken by the authorities for a period of nine years and as to why the recovery is being sought for after such an inordinate delay. 4. In light of the same, we are of the view that impugned recovery citation has been issued without any basis in law and is arbitrary in nature. 5. Accordingly, the impugned recovery citation dated February 24, 2025 is quashed and set aside. The respondents authority shall be at liberty to proceed against the petitioner in accordance with law, if so advised. 6. With the above direction, the writ petition is disposed of. Order Date :- 1.7.2025 Kuldeep (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad