Allahabad High Court
SHAMA PARVEENversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The petition was not granted; the petitioner must reply to the notices within two weeks and the authority will decide thereafter.
Summary
Petitioner Shama Parveen filed a writ petition under Article 226 of the Constitution seeking a certiorari to quash notices issued by Nagar Panchayat, Wazirganj, Budaun demanding payment of electricity dues. The respondents argued that the notices were the only procedural step and that the petitioner must file a proper reply. The Court held that the petition cannot be dismissed outright and directed the petitioner to submit a reply to the notices within two weeks. After the reply, the competent authority (respondent No. 4) was instructed to decide the matter in accordance with law within one month. Consequently, the petition was disposed with directions rather than being granted.
Issues considered
- Whether the notices issued by the Nagar Panchayat for electricity dues can be quashed by a writ of certiorari under Article 226.
- Whether the petitioner is required to file a reply to the notices before any relief can be granted.
Subjects
- Article 226
- certiorari
- writ jurisdiction
- electricity dues
- Nagar Panchayat
- notice reply
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36426 of 2026
Shama Parveen
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhinab Mishra, Reena
Counsel for Respondent(s) : C.S.C., Rafat Raza Khan
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Heard Sri Abhinab Mishra, learned counsel for the petitioner, Sri Rafat
Raza Khan, learned counsel for the respondent Nos. - 4 & 5 and learned
Standing Counsel for the State respondents.
2. By means of this petition filed under Article 226 of the Constitution,
petitioner has prayed for a direction in the nature of certiorari to quash the
different notices issued by Nagar Panchayat, Wazirganj, Budaun for the
purposes of payment of electricity dues.
3. However, it is contended by learned counsel for the respondents that
these are the only notices and not the recovery citation. He further
submits that petitioner is to submit proper reply to the notices issued to
him.
4. In the circumstances, we dispose of this petition with a direction to the
petitioner to submit reply to the notices issued to him within a period of
two weeks from today and thereafter the competent authority namely
respondent No.- 4 would be taking appropriate decision disposing of the
mater of notice in accordance with law within a further period of one
month.
(Siddharth Nandan,J.) (Ajit Kumar,J.)
September 18, 2026
Atmesh
Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad
Checking your session…