Allahabad High Court
MEER SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The final assessment order is unsustainable and is set aside, with a fresh order to be passed after proper consideration of the petitioner’s reply.
Summary
The petitioner, Meer Singh, challenged a final assessment order dated 9 May 2025 that imposed liability for alleged theft of electricity. He had earlier filed a reply on 16 January 2025 contesting the assessment, but the assessing authority considered only the fact that the connection was domestic and ignored paragraphs 3‑6 of his reply. The High Court examined whether the assessment order was sustainable given the failure to consider the petitioner’s detailed submissions. It held that the order was unsustainable and set it aside, directing the Executive Engineer to pass a fresh order after a proper consideration of the petitioner’s reply. The Court also directed that the fresh order be issued within six weeks and that the petitioner appear for a personal hearing within 15 days if he wishes, otherwise the Engineer may decide based on the reply alone.
Issues considered
- Whether the final assessment order dated 09‑05‑2025 is valid despite the assessing authority’s failure to consider the petitioner’s detailed reply.
Subjects
- electricity theft
- provisional assessment
- final assessment
- writ petition
- procedural fairness
- fresh order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 13016 of 2026
Meer Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Pandey
Counsel for Respondent(s) : Baleshwar Chaturvedi, C.S.C.,
Kaushalendra Nath Singh
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
WRIC No. 13016 of 2026
2
at liberty to pass order considering the reply as directed above.
6. 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
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