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Allahabad High Court

ISHTIYAK AHMADversusUTTAR PRADESH RAJYA DWARA PRADHAN SACHIV URJA AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn with liberty to appeal under Section 127 of the Electricity Act, 2003.

Summary

Petitioner Ishtiyak Ahmad filed a writ petition challenging a final assessment order dated 18 March 2026 issued by the Uttar Pradesh Electricity Department. The petitioner sought to withdraw the petition and was granted liberty to file an appeal under Section 127 of the Electricity Act, 2003. The respondent did not oppose the withdrawal. The Court examined the petition and the withdrawal request, found no objection, and dismissed the writ petition as withdrawn while allowing the petitioner to pursue an appeal in the appropriate forum. The decision was pronounced by Judges Prakash Padia and Indrajeet Shukla on 9 September 2026.

Issues considered

  • Whether the writ petition can be withdrawn with liberty to appeal under Section 127 of the Electricity Act, 2003

Legislation cited

Subjects

  • Electricity Act
  • Section 127
  • withdrawal of petition
  • assessment order
  • writ petition
  • High Court

Judgment

                                            HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                          WRIT - C No. - 35778 of 2026

                                  Ishtiyak Ahmad
                                                                                              .....Petitioner(s)
                                                                    Versus

                                  Uttar Pradesh Rajya Dwara Pradhan Sachiv Urja
                                  And 2 Others                                             .....Respondent(s)

                                  Counsel for Petitioner(s)              :   Sudhir Kumar Singh
                                  Counsel for Respondent(s)              :   C.S.C., Chetan Chatterjee

                                  Court No. - 5
                                                   HON'BLE PRAKASH PADIA, J.
                                                   HON'BLE INDRAJEET SHUKLA, J.

                                  1. Sri Chetan Chaterjee, learned counsel for the respondent
                                  No.3/Electricity Department placed before this Court final assessment
                                  order dated 18.03.2026, copy of the same is taken on record and a copy of
                                  the aforesaid order has also been provided to the petitioner.

                                  2. After going through the same, a prayer has been made by learned
                                  counsel for the petitioner to dismiss the present petition as withdrawn
                                  with liberty to file appeal as provided under Section 127 of the Electricity
                                  Act 2003 before appropriate forum.

                                  3. This prayer has not been opposed by Sri Chetan Chaterjee, learned
                                  counsel for the respondent No.3.

                                  4. Accordingly, the writ petition is dismissed as withdrawn with liberty as
                                  prayed.



                                                                  (Indrajeet Shukla,J.) (Prakash Padia,J.)
                                  September 9, 2026
                                  saqlain




Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad


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