SHAMIM KHAN @ MOHAMMAD SHAMIM KHAN v. STATE OF U.P. AND ANOTHER
WRIC/30598/2025 · 2025-10-08
Indrajeet Shukla, Saumitra Dayal Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 91461 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 91461 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30598 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Mohd. Samiuzzaman Khan, learned counsel for the petitioner and Sri Rakesh Kumar Mishra, Advocate, holding brief of learned counsel for the distribution corporation.
2. Challenge has been raised to the demand of electricity dues being pressed against the petitioner, vide demand notice dated 11.06.2024 for Rs. 59,548/-.
3. At the outset, learned counsel for the distribution corporation has raised a preliminary objection that final assessment has been passed in the case of the petitioner on 22.02.2025.
4. We have perused the order. Copy of the same has been marked as 'X' and retained on record.
5. Prima facie, the assessment order does not discuss the claim objection of the petitioner and in any case it does appear that it does not record any reason for the demand.
6. In view of the above, such order may never be sustained. It is accordingly set aside.
7. The writ petition is disposed of with a direction, subject to the petitioner depositing Rs. 6,000/- towards the disputed demand within a period of two weeks from today the petitioner may further submit his reply to the show- cause notice, treating impugned order also as part of the show-cause notice. Versus Counsel for Petitioner(s) : Afzal Husain, Mohd. Samiuzzaman Khan Counsel for Respondent(s) : C.S.C., Narendra Kumar Tiwari Shamim Khan @ Mohammad Shamim Khan .....Petitioner(s) State of U.P. and Another .....Respondent(s)
That compliance may be made within a period of two weeks from the date of payment of Rs. 6,000/-. Thereafter, respondent no.2 may pass appropriate reasoned and speaking order, as expeditiously as possible, preferably within a period of one month from the date of objection being filed by the petitioner.
8. Further, demand shall abide by the order passed by respondent no.2. October 9, 2025 Abhilash WRIC No. 30598 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad