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2026 DAILYLAW 589 (ALL)

KADEER KHAN v. STATE OF U.P. AND 3 OTHERS

WRIC/8685/2026 · 2026-03-17

Ajit Kumar, Swarupama Chaturvedi

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 8685 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. This Court on 09th March, 2026 has passed following order: "Flip flop arguments have been advanced by learned counsel for the petitioner. Firstly, till date no charge-sheet has been filed in the matter of the FIR lodged against the petitioner for alleged theft under Section 135 of the Electricity Act and, therefore, any step to make an assessment itself becomes bad. Secondly, the argument is that the petitioner has been regularly paying the electricity dues as per the bills raised by the Electricity Department. The Department is not justified in disconnecting the electricity. The question, therefore, arises as to whether the petitioner?s electricity connection granted by the Department could have been disconnected. The question of making an assessment after considering the objections, if any, filed by the petitioner to the provisional assessment notice is also an issue, but a secondary one. At this stage, Mr. Gaurav Singh, learned counsel appearing for the Electricity Department, seeks time to obtain instructions in the matter by Wednesday. List this matter on 11.03.2026. " Sri Gaurav Singh, learned panel counsel appearing for the respondent Corporation has obtained instructions in the matter and placed the same before this Court, which are taken on record. As per instructions obtained electricity connection of the petitioner has been restored and fresh notice has been issued to file objection/reply, if any on 10th March, 2026. In such above view of the matter, we dispose of this petition with direction to the petitioner to file his objection/reply to the notice dated 10.3.2026 within a period of four weeks, and if he does so, reply/objection of the petitioner shall be considered and disposed of by means of reasoned and speaking order of final assessment within a Versus Counsel for Petitioner(s) : Rajeev Kumar Sharma Counsel for Respondent(s) : C.S.C., Gaurav Singh Kadeer Khan .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) further period of one month . March 18, 2026 Sanjeev WRIC No. 8685 of 2026 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad