MOHD USMAN ANSARI v. CHAIRMAN, UTTAR PRADESH POWER CORPORATION LTD. AND 4 OTHERS
WRIC/23421/2025 · 2025-08-04
Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77231 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77231 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:131084-DB Court No. - 3 Case :- WRIT - C No. - 23421 of 2025 Petitioner :- Mohd Usman Ansari Respondent :- Chairman, Uttar Pradesh Power Corporation Ltd. And 4 Others Counsel for Petitioner :- Dhananjay Pundir,Sanjay Kumar Pundir Counsel for Respondent :- C.S.C.,Krishna Agarawal,Pranjal Mehrotra Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel for the parties.
2. By means of the present petition, petitioner seeks the following reliefs:-
"i. Issue writ of certiorari quashing of the impugned Recovery Certificate dated 17.01.2025 issued/served under Rule 141(3) of the U.P. Revenue Code, 2006, by the Tehsildar, Dhampur (Bijnor), demanding a sum of 6,38,679 plus collection charges, in pursuant to the impugned demand notice no. 4186 dated 30.07.2020, issued U/s 9 of the U.P. Government Electrical Undertakings (Dues Recovery) Act, 1958, and itself to be quashed the same, i.e. based on ex- parte provisional assessment made U/s 126(1)(2) of Electricity Act, 2003 r/w Clause 3.1, 3.7, 6.1 (Annexure 3.1) & Clause 6.8, 6.9, (Annexure No. 6.3 & 6.4) of the Electricity Supply Code, 2005, both of which have been arbitrarily and unlawfully issued without following due process of law, or any formal adjudication under the statutory scheme of the Electricity Act. ii. Issue a writ of mandamus, restraining the Respondents from taking any coercive action, including but not limited to recovery under the U.P. Revenue Code, 2006, in order to secure the ends of justice and to prevent the abuse of process of court as well as law, otherwise the petitioner shall suffer irreparable loss & injury."
3. Upon hearing learned counsel for the parties, we are of the view that an opportunity of hearing should be granted to the petitioner, and thereafter, final assessment should be carried out by the authorities concerned within a period of 12 weeks from date. Till passing of the final assessment order, no coercive measures should be taken against the petitioner.
4. With the above direction, the writ petition is disposed of. Order Date :- 5.8.2025 K.K. Maurya (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad