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2025 DAILYLAW 89604 (ALL)

ABDUL SAKIR v. THE STATE OF U.P. AND ANOTHER

WRIC/30325/2025 · 2025-09-16

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30325 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard learned counsel appearing on behalf of the parties 2. In the present writ petition following substantial prayers have been made by the petitioner:- "i. Issue a Writ of Certiorari: Quashing the provisional bill dated 21/02/2025 issued by Respondent No.2, whereby an arbitrary and illegal demand of Rs.42,576 INR has bene raised against the petitioner without any basis or prior opportunity of hearing; ii. Issue a Writ of Mandamus: it is further prayed that this Hon'ble Court may kindly be pleased to commanding the respondents not to take any coerive action against the petitioner pursuant to the impugned provisional bill dated 21/02/2025, during the pendency of the present writ petition; iii. Direct the respondent authorities to re-assess or rectify the said bill in accordance with law and after deciding the representation and affording due opportunity of hearing to the petitioner." 3. In the present matter provisional bill dated February 21, 2025 has been issued by the respondent no.2. 4. Upon perusal of the documents, we are of the view that the petitioner should be granted an opportuity to file his objection to the said provisional bill. 5. Accordingly, the petitioner is directed to file his objection to the provisional assessment within a period of two weeks from date. Once the objection is filed the authority concerned is directed to grant an opportunity Versus Counsel for Petitioner(s) : Ashish Mishra, Girja Shanker Mishra, Pratiksha Rai Counsel for Respondent(s) : C.S.C. Abdul Sakir .....Petitioner(s) The State Of U.P. And Another .....Respondent(s) of hearing to the petitioner, and thereafter, pass the final assessment order in accordance with law. 6. Till the final assessment is carried out no coercive steps shall be taken against the petitioner. 7. With the above directions, the writ petition is disposed of. September 17, 2025 Dev WRIC No. 30325 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad