HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 37912 of 2026 Court No. - 5 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. The petitioner has preferred the present petition with the following prayers:- 1. Issue a writ order or direction in the nature of certiorari, quashing the impugned recovery notice dated 24.04.2026 issued by the respondent no. 2 i.e. Tehsildar, Tehsil Basti Sadar, District Basti. 2. Issue a writ, order or direction in the nature of mandamus, directing the respondents not to take any coercive action against the petitioner in pursuance to the impugned recovery certificate dated 24.04.2026 2. It is argued by learned counsel for the petitioner that at no point of time either any provisional assessment notice or final assessment notice was served upon the petitioner and directly recovery citation has been issued by the Tehsildar, Tehsil Basti Sadar, District Basti. against the petitioner on 24.06.2026. 3. In response tot he same, it is argued by Sri Shrawan Kumar Tripathi, learned counsel for the respondent No.3 that provisional assessment as well as final assessment orders were sent to the petitioner through Registered Post and when no response has been given by the petitioner, a decision has been taken to recover the aforesaid amount. 4. Heard learned counsel for the parties and perused the record. Versus Counsel for Petitioner(s) : Raman Pandey Counsel for Respondent(s) : C.S.C., Shrawan Kumar Tripathi Radhey Shyam .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 5. The only dispute arose between the parties that whether provisional assessment notice/order has been served upon the petitioner or not. 6. In this view of the matter and with the consent of learned counsel for the parties, the present petition is disposed of permitting the petitioner to submit reply to the provisional assessment notice, copy of which has been served by the respondent No.3 upon learned counsel for the petitioner during course of arguments, within a period of two weeks from today along with certified copy of this order before the respondent No.3/Executive Engineer, Purvanchal Vidut Vitran Nigam Limited, Basti. In case the petitioner does so, the respondent No.3 will pass appropriate order in the matter expeditiously and preferably within a period of three weeks thereafter. 7. For a period of six weeks or till the decision taken in the matter, whichever is earlier, no coercive action be taken against the petitioner. September 30, 2026 saqlain WRIC No. 37912 of 2026 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad