Punjab-Haryana High Court
M/S Ishwar Singh Engineering vs The Appellate Authority Cum ... on 29 January, 2024
Neutral Citation No:=2024:PHHC:013485
Neutral Citation No. 2024:PHHC:013485
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
243
CWP-29840-2022
Date of decision: 29.01.2024
M/S ISHWAR SINGH ENGINEERING ......Petitioner
VERSUS
THE APPELLATE AUTHORITY CUM SUPERINTENDING ENGINEER
AND OTHERS
.......Respondents
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
*****
Present: - Ms. Saachi Mahajan, Advocate for
Mr. Shailendra Jain, Sr. Advocate
for the petitioner.
Mr. Vivek Saini, Advocate
for respondents No.2 and 3-DHBVN.
*****
VINOD S. BHARDWAJ, J. (Oral)
1. Challenge in the present writ petition is to the order dated
05.12.2022 passed by the respondent No.1-Appellate Authority-cum-
Superintending Engineer/TS Circle, Haryana Vidyut Parasan Nigam Ltd. on
an appeal under Section 127 of the Electricity Act, 2003 and dismissed the
same by a non-speaking order.
2. Ms. Saachi Mahajan, Advocate has vehemently argued that the
petitioner is running an industry under the name and style of M/s Ishwar
Singh Engineering, at Plot No. 322/11, Udhyog Vihar, Dundahera,
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Gurugram. An electric connection Account No. UMS-11 was installed by
the respondent-distribution licensee in the aforesaid premises after getting
the meter duly checked from M & P Lab. It is contended that the industrial
premises of the petitioner was inspected on 22.11.2004 by Vigilance Wing
of the respondent-distribution licensee for checking of the electric meter.
Certain abnormalities were allegedly noticed by the respondents and that by
placing reliance upon them, they raised an illegal demand by treating the
same as a case of unauthorized use of energy. The provisional order of
assessment was sent vide Memo No. 2523/24 dated 23.11.2004 assessing the
demand to the tune of Rs. 8,05,090. Objections against the provisional
assessment were filed by the petitioner on 24.11.2004.
3. It is further contended that the petitioner had also filed a Civil
Suit for seeking declaration alongwith the consequential relief of mandatory
injunction bearing C.S. No. 163/29.11.2004 against order of provisional
assessment which was dismissed vide judgment and decree dated
30.01.2009. Aggrieved thereof an appeal had been preferred. The said
appeal was also dismissed vide judgment and decree dated 15.06.2009
passed by the Additional District Judge, Gurugram. A final order of
assessment was thereafter passed by the respondents on 08.09.2009
upholding the order of provisional assessment.
4. Against the said cryptic order of final assessment, the petitioner
preferred an appeal under Section 127 of the Electricity Act, 2003 before the
Appellate Authority. As no decision was taken on the said appeal, the
petitioner approached this Court by way of CWP-16839 of 2022 praying for
issuance of directions to the respondents to decide the statutory appeal in a
time bound manner. The said appeal was disposed of by this Court vide
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order dated 05.09.2022, directing the respondents to decide the appeal within
a period of three months. Pursuant thereto the impugned order dated
05.12.2022 (Annexure P-9) has been passed by the respondents. Hence, the
present writ petition.
5. Learned counsel appearing on behalf of the petitioner
vehemently contends that the order has been passed by the Appellate
Authority is a non-speaking order and does not refer to any of the objections
raised and arguments advanced by the petitioner. Such an order is bad and is
liable to be set aside.
6. Counsel for the respondents-distribution licensee is not in a
position to controvert that the operative part of the order passed by the
Appellate Authority is non-speaking and there is no discussion of the
objections raised or about the arguments advanced.
7. I have heard learned counsel appearing on behalf of the
respective parties and have gone through the documents available on record.
8. In order to appreciate the argument, it is necessary to look into
the reasoning and consideration of the appeal by the appellate authority. The
relevant extract of the impugned appellate order reads thus:-
It is therefore, humbly prayed that the appeal for the
appellant may kindly be dismissed special cost.
In view of the above the following issues are required to
be addressed by the Assessing Authority.
1. Whether to give the decision in respect of geniuinity of
the theft cases falls in the preview of the Appellate
Authority or not.
2. Whether the assessment made by the Assessing
Authority is as per the instruction or not.
In view of the foregoing deliberations, submission of oral
and written pleadings by the appellant & respondent and the
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prevailing instructions notified by State Government vide
Notification No. 16/6/2017-3P dated 10th August, 2017, the
Appellate Authority has come to the conclusion and orders as
under:-
"Keeping in view the observations above, it is made clear
to the appellant that the calculation of penalty for theft of
energy has been assessed by DHBVN rightly.
Therefore, the competent authority do not find any reason
to intervene the assessment order accordingly, the appeal is
dismissed.
9. A perusal of the extract of the impugned order passed by the
Appellate Authority-cum-Superintending Engineer/TS Circle, Gurugram
shows that the impugned order is non-speaking and does not deal with any
of the issues/objections that had been highlighted or raised in the arguments
advanced on behalf of the petitioner.
10. The remedy being in the nature of a statutory appeal, the
authority is required to consider and return finding on issues raised even if
the reasons are not elaborate, given that the authority comprises of technical
experts who may not have fine judicial interpretation but there should be
some reasoning dealing with the issues and why they are being over-ruled.
The impugned order does not satisfy the said requirement.
11. Consequently, the said order is accordingly set aside. The
matter is remanded to the Appellate Authority to pass a fresh order in
accordance with law and after granting an opportunity of hearing to the
respective parties by passing a reasoned and speaking order. The parties
shall appear before the Appellate Authority on 19.02.2024 whereafter the
Appellate Authority shall proceed further in the matter and pass a speaking
order expeditiously and preferably within a period of three months.
12. The present writ petition stands disposed of.
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13. The interim protection already extended by this Court vide its
order dated 22.12.2022 shall remain in force till adjudication of the appeal
by the respondent-authorities.
(VINOD S. BHARDWAJ)
JANUARY 29, 2024 JUDGE
Vishal Sharma
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
Neutral Citation No:=2024:PHHC:013485
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