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2025 DAILYLAW 96719 (ALL)

VIPIN CHAUDHARY v. STATE OF U.P. AND 3 OTHERS

WRIC/32436/2025 · 2025-09-23

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32436 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard Sri Prashant Shukla, learned counsel for the petitioner, Sri Abhishek Srivastava, learned counsel for the respondent nos. 2 and 3 and learned Standing Counsel for the State respondent. 2. By means of the present petition, petitioner seeks the following reliefs: "1. Issue a writ, order or direction, in the nature of Certiorari quashing the impugned exparte Recovery Citation (RC) dated 26.08.2025 issued by the Respondent No.4/Tehsildar, Tehsil & District Gautam Buddha Nagar (Annexure-1 to this writ petition). ii. Issue a writ, order or direction, in the nature of Mandamus commanding the Respondents not to take any coercive action against the petitioner pursuant to the impugned exparte Recovery Citation (RC) dated 26.08.2025. iii. Issue a writ order or direction, in the nature of Mandamus commanding the Respondent Electricity Department to conduct inspection of the petitioner's premises and prepare fresh electricity bill in accordance with law." 3. Learned counsel for the respondent submits that the impugned ex parte recovery citation has been issued in pursuance of the final assessment order dated 25.03.2025. 4. Learned counsel for the petitioner submits that no notice for the said final assessment was given to him. Versus Counsel for Petitioner(s) : Prashant Shukla Counsel for Respondent(s) : Abhishek Srivastava, C.S.C. Vipin Chaudhary .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 5. For the ends of justice, we are of the view that the present recovery citation and final assessment order are liable to be quashed and set aside. 6. In view of the above, the impugned recovery citation dated 26.08.2025 and final assessment order dated 25.03.2025 are quashed and set aside with a direction upon the authorities to grant another opportunity of hearing to the petitioner for the final assessment and thereafter pass order, in accordance with law. 7. With the above direction, the writ petition is allowed. September 24, 2025 K.K. Maurya WRIC No. 32436 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad