Meer Singh vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Meer Singh vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition allowed: final assessment order dated 09.05.2025 set aside; respondent no.4-Executive Engineer directed to pass a fresh order after considering the petitioner's reply dated 16.01.2025 parawise within six weeks of presentation of certified copy; petitioner may appear within 15 days for personal hearing, failing which the Executive Engineer may decide on the reply.

Issue for consideration

Whether the final assessment order dated 09.05.2025 could stand when the petitioner's reply dated 16.01.2025 was decided without considering the pleadings raised in paragraphs 3, 4, 5 & 6 of the reply.

Court's answer

The petitioner's reply dated 16.01.2025 to the provisional assessment notice was decided without considering the pleadings raised in paragraphs 3, 4, 5 & 6 of the reply.

Ratio / Principle

The order of final assessment dated 09.05.2025 is unsustainable.

Key takeaways

The final assessment order dated 09.05.2025 is set aside, with a direction to respondent no.4-Executive Engineer to pass a fresh order after considering the petitioner's reply dated 16.01.2025 parawise, within six weeks of presentation of a certified copy of the order; if the petitioner wants a personal hearing, he must appear before the Executive Engineer within 15 days.ratio¶13
If the petitioner does not appear before the Executive Engineer as directed, the Executive Engineer shall be at liberty to pass order considering the reply as directed.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Ajit Kumar and Indrajeet Shukla, JJ.) allowed a writ petition (WRIT - C No. 13016 of 2026) against a final assessment order dated 09.05.2025 passed in a theft-of-electricity matter. The Court found that the petitioner's reply dated 16.01.2025 to the provisional assessment notice had been decided merely by stating that Connection No.155116905000 (Meter No.6736172) was domestic in nature, without considering the pleadings in paragraphs 3, 4, 5 & 6 of the reply. Holding the final assessment order unsustainable, the Court set it aside and directed respondent no.4-Executive Engineer to pass a fresh order after considering the reply parawise within six weeks of presentation of a certified copy; the petitioner was to appear within 15 days if he sought personal hearing, failing which the Executive Engineer could decide on the reply.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 13016 of 2026

Meer Singh

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

	.....Res	pondent(s)
Counsel for Petitioner(s)	: Rajesh Kumar Pandey
Counsel for Respondent(s)	: Baleshwar Chaturvedi, Kaushalendra Nath Singh	C.S.C.,

Court No. - 1

HON'BLE AJIT KUMAR, J. HON'BLE INDRAJEET SHUKLA, J.

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.

Sri Baleshwar Chaturvedi, learned counsel has obtained instructions in the matter which has been placed before the Court, is taken on record.

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.

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.

We make it clear that if the petitioner does not appear before the Executive Engineer as directed hereinabove, the Executive Engineer shall be

WRIC No. 13016 of 2026

2

at liberty to pass order considering the reply as directed above.

Petition thus is allowed in above terms.

May 5, 2026 Mohit

(Indrajeet Shukla,J.) (Ajit Kumar,J.)

Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad