Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 13016 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Rajesh Kumar Pandey, learned counsel for the petitioner, learned Standing Counsel for the Sate and Sri Baleshwar Chaturvedi, learned counsel for the Electricity Department.
2. Sri Baleshwar Chaturvedi, learned counsel has obtained instructions in the matter which has been placed before the Court, is taken on record.
3. On the instructions, it transpires that the petitioner has been issued notice of a provisional assessment in the matter of theft of electricity, to which, he has submitted reply on 16.01.2025. However, his reply has been decided only by stating that the Electricity Connection No.155116905000 bearing Meter No.6736172 was only domestic in nature but we do not find the pleadings raised in paragraph 3, 4, 5 & 6 of the reply have been considered.
4. In the circumstances, therefore, the order of final assessment dated 09.05.2025 is held to be unsustainable. Accordingly, we are setting aside that order with the direction to the respondent no.4-Executive Engineer to pass a fresh order after considering the reply of the petitioner dated 16.01.2025 parawise. The fresh order shall be passed within a period of six weeks from the date of presentation of certified copy of this order and if the petitioner wants personal hearing, he shall appear before the Executive Engineer within 15 days from today.
5. We make it clear that if the petitioner does not appear before the Executive Engineer as directed hereinabove, the Executive Engineer shall be Versus Counsel for Petitioner(s) : Rajesh Kumar Pandey Counsel for Respondent(s) : Baleshwar Chaturvedi, C.S.C., Kaushalendra Nath Singh Meer Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
at liberty to pass order considering the reply as directed above.
6. Petition thus is allowed in above terms. May 5, 2026 Mohit WRIC No. 13016 of 2026 2 (Indrajeet Shukla,J.) (Ajit Kumar,J.) Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad