Allahabad High Court
KADEER KHANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the electricity connection cannot be disconnected in the absence of a charge-sheet and that the petitioner must be allowed to file objections before a final assessment is made.
Summary
The petitioner, Kadeer Khan, challenged the disconnection of his electricity supply, alleging that no charge-sheet had been filed against him for the alleged theft under Section 135 of the Electricity Act and that he had been regularly paying his dues. The court noted that the Department’s disconnection was not justified in the absence of a charge-sheet and that the petitioner’s right to be heard must be respected. The Electricity Department was directed to restore the connection and issue a fresh notice for objections. The petitioner was given four weeks to file any objection or reply to the notice dated 10 March 2026, after which the department must pass a reasoned final assessment within a further month. The petition was disposed of with these directions.
Issues considered
- Whether the electricity connection can be disconnected without a charge-sheet under Section 135 of the Electricity Act.
- Whether a provisional assessment can be made without considering the petitioner’s objections.
- Whether the petitioner is entitled to file objections to the fresh notice before a final assessment.
Legislation cited
- Electricity Act — s. 135
Subjects
- electricity connection
- disconnection
- Section 135
- assessment
- writ petition
- charge-sheet
- objection
- restoration
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 8685 of 2026
Kadeer Khan
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajeev Kumar Sharma
Counsel for Respondent(s) : C.S.C., Gaurav Singh
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
This Court on 09th March, 2026 has passed following order:
"Flip flop arguments have been advanced by learned counsel for the petitioner.
Firstly, till date no charge-sheet has been filed in the matter of the FIR lodged against
the petitioner for alleged theft under Section 135 of the Electricity Act and, therefore,
any step to make an assessment itself becomes bad. Secondly, the argument is that the
petitioner has been regularly paying the electricity dues as per the bills raised by the
Electricity Department.
The Department is not justified in disconnecting the electricity.
The question, therefore, arises as to whether the petitioner?s electricity connection
granted by the Department could have been disconnected. The question of making an
assessment after considering the objections, if any, filed by the petitioner to the
provisional assessment notice is also an issue, but a secondary one.
At this stage, Mr. Gaurav Singh, learned counsel appearing for the Electricity
Department, seeks time to obtain instructions in the matter by Wednesday. List this
matter on 11.03.2026. "
Sri Gaurav Singh, learned panel counsel appearing for the respondent Corporation has
obtained instructions in the matter and placed the same before this Court, which are
taken on record.
As per instructions obtained electricity connection of the petitioner has been restored
and fresh notice has been issued to file objection/reply, if any on 10th March, 2026.
In such above view of the matter, we dispose of this petition with direction to the
petitioner to file his objection/reply to the notice dated 10.3.2026 within a period of
four weeks, and if he does so, reply/objection of the petitioner shall be considered and
disposed of by means of reasoned and speaking order of final assessment within a
WRIC No. 8685 of 2026
2
further period of one month .
March 18, 2026
Sanjeev
(Swarupama Chaturvedi,J.) (Ajit Kumar,J.)
Digitally signed by :-
SANJEEV RANJAN
High Court of Judicature at Allahabad
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