Mahendra Kumar Upadhyay v. State of U.P. Thru. Secy. Deptt. of Energy Civil Secrt. Lko. and Others

Court No. - 3 Case :- WRIT - C No. - 10272 of 2023 Petitioner :- Mahendra Kumar Upadhyay Respondent :- State Of U.P. Thru. Secy. Deptt. Of Energy Civil Secrt. Lko. And Others Counsel for Petitioner :- Manoj Kumar Mishra,Anubhav Awasthi,Raj Deo Singh Counsel for Respondent :- C.S.C.,Manish Jauhari Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioner, learned Standing Counsel for State and Sri Manish Jauhari, learned counsel for respondent nos. 2 to 4. Petitioner has approached this Court challenging the final assessment order dated 17.10.2023 whereby the objections filed by the petitioner are rejected and final demand is raised against the petitioner. Learned counsel for petitioner submits that though the said order itself notes that the objections filed by the petitioner are considered but no reasons are provided for rejecting the same. It goes without saying that the authority concerned has to apply its mind and record reasons in the order so that the Court can understand as to why the said order is passed. The same is also mandated under Section 126 of the Electricity Act. In the present case, since the impugned order

17.10.2023, does not indicate any reason, hence the same cannot stand and is hereby set aside. The

respondent

no.2/Executive

Engineer, Madhyanchal Vidyut Vitran Nigam Ltd., Ambedkar Nagar, is directed to reconsider the case of the petitioner and pass a fresh reasoned and speaking order after hearing the parties concerned, in accordance with law. With the aforesaid directions, the writ petition is allowed. (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 23.11.2023 Arjun/- High Court of Judicature at Allahabad, Lucknow Bench