WP(C)/11517/2021
2021 Latest Caselaw 4636 Ori

W.P.(C) No.11517 OF 2021

02. 06.04.2021: The matter is taken up through video conference mode.

The grievance of the Petitioner in a narrow campus runs to the effect that he having preferred an Appeal under section 127 of the Electricity Act, 2003 before the Opposite Party No.3 as against the final assessment order passed by the Opposite Party No.5, the same has been rejected for non-production of the money receipt showing the deposit of 50% of the final assessment amount with the Distribution Company and non-submission of E-challan bearing 1% of the final assessment amount deposited in the office address of the Appellant.

Learned counsel for the Petitioner submits that the Petitioner in fact had deposited the 50% of the final assessment amount on 18.11.2017 but that E-challan bearing 1% of the final assessment amount had not been submitted due to inadvertence. It is his submission that now the Petitioner is willing to deposit that 1% of the final assessment amount in the Office of the Opposite Party No.3 and produce the E-challan receipt. He, therefore, prays for disposal of this writ application with a direction to the Opposite Party No.3 to hear the Appeal afresh and dispose of the same.

Considering the submissions made and on going through the petition averments as also the documents annexed thereto; further keeping in view the limited nature of prayer as is now advanced at this stage, this writ application stands disposed of with the observation that in the event the Petitioner files an application before the Opposite Party No.3 for readmission of the Appeal that he had filed under section 127 of the Electricity Act and its hearing on merit by producing satisfactory proof as to deposit of 50% final assessment amount and the E-challan // 2 //

as required, the Opposite Party No.3 would do well to consider the same in its proper perspective and dispose of the matter in accordance with law as expeditiously as possible. The Petitioner would also be at liberty to move the Appellate Authority for any interim protection for its due consideration and appropriate order as per law.

As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order/judgment available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020.

(D. Dash) Judge Basu