WPMS/504/2021
2021 Latest Caselaw 731 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
               ON THE 8TH DAY OF MARCH, 2021

                                 BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


              Writ Petition (M/S) No.504 of 2021

BETWEEN:
  Smt. Naeema                                         .....Petitioner
     (Mr. Avidit Noliyal, Advocate)




AND:

     State of Uttarakhand & another              .....Respondents
     (Mr. Vinod Nautiyal, Deputy A.G. along with Mr. V.D. Bisen, Brief
     Holder for the State/respondent no.1 and Mr. N.S. Pundir, Advocate
     for respondent nos.2)


                              JUDGMENT

Heard learned counsel for the parties.

2. Petitioner is a consumer of electricity. She is aggrieved by the demand notice issued by the Uttarakhand Power Corporation Limited, whereby she has been asked to deposit a sum of ` 1,02,499/- as electricity charges. Thus, feeling aggrieved, petitioner has approached this Court.

3. On the previous date, instructions were sought from the counsel appearing for respondent no.2. Today, Mr. N.S. Pundir, learned counsel appearing for the respondent no.2 submits that during surprise inspection on 05.09.2020, it was found that the petitioner was involved in theft of

electricity. Therefore, the authorities of Uttarakhand Power Corporation Limited, after calculating the amount of electricity used, based on the appliances used by the petitioner, made an assessment and found that the petitioner has consumed 8640 units of electricity, and accordingly, she has been asked to pay a sum of ` 1,02,499/-, as price for the electricity, so used.

4. Learned counsel for the petitioner submits that the petitioner was not heard while making the assessment. This argument is, however, disputed by the learned counsel appearing for respondent no.2, who submits that notice was given to the petitioner on 08.09.2020, asking her to appear in the office of Executive Engineer, Uttarakhand Power Corporation Limited, Electricity Distribution Division, within one week, but the petitioner did not appear.

5. Section 127 (1) of the Electricity Act, 2003 provides for remedy of appeal against the assessment order. Petitioner, thus, has a statutory remedy of appeal. For convenience, Section 127 (1) is extracted below:-

"127. Appeal to appellate authority. - (1) Any person aggrieved by a final order made under Section 126 may, within thirty days of the said order, prefer an appeal in such form, verified in such manner and be accompanied by such fee as may be specified by the State Commission, to an appellate authority as may be prescribed."

6. Since statutory remedy of appeal is available to the petitioner, therefore, this Court is not inclined to entertain this writ petition. Accordingly, writ petition is dismissed on the ground of alternative remedy with liberty to the petitioner to approach the appropriate forum.

(MANOJ KUMAR TIWARI, J.) Rajni