Shiv Kumar Vs State of U.P. Thru. Prin. Secy. Energy Deptt. U.P. Lko. and 3 Others

Neutral Citation No. - 2024:AHC-LKO:75628-DB

Court No. - 2

Case :- WRIT - C No. - 9668 of 2024

Petitioner :- Shiv Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Energy Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Manoj Kumar Yadav Counsel for Respondent :- C.S.C.,Neera Yadav

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Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.

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The documents filed today in Court by Mr. Neera Yadav, counsel for the electricity department are taken on record. Copy of the same has been provided to the petitioner's counsel.

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Heard.

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The contention of counsel for the petitioner is that there is no electricity line within one kilometer of the house of the petitioner in respect of which electricity theft is being alleged by the opposite party-department by the petitioner, therefore, the impugned citation of recovery issued by the Tehsildar for recovery of electricity dues is patently erroneous.

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However, counsel for the electricity department says that provisional assessment order as also final assessment order was passed and sent to the petitioner through registered post and only thereafter the recovery certificate was issued which has led to issuance of the citation of recovery based on the electricity theft and the dues consequential thereto which are to the extent of Rs. 2,31,774/-.

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Counsel for the electricity department, Ms. Neera Yadav, has drawn our attention to a report according to which 25 meter long cable/wire was used for electricity theft which has been recovered and an FIR has also been lodged.

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The matter involves disputed questions of fact. We cannot adjudicate the same in the writ proceedings. The petitioner is at liberty to pursue other remedies.

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The petition is dismissed .

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[Brij Raj Singh, J.] [Rajan Roy, J.]

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Order Date :- 18.11.2024 Santosh/-

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Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shiv Kumar v. State of U.P. Thru. Prin. Secy. Energy Deptt. U.P. Lko. and 3 Others

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Shiv Kumar v. State of U.P. Thru. Prin. Secy. Energy Deptt. U.P. Lko. and 3 Others

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