WPMS/2917/2021
2022 Latest Caselaw 29 UK

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
       ON THE 04TH DAY OF JANUARY, 2022
                            BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2917 of 2021
BETWEEN:
Adesh Kumar                                         ...Petitioner
      (By Mr. Sanjay Kumar, Advocate)

AND:

Managing Director, Uttarakhand
Power Corporation Limited
and others                                        ...Respondents
      (By Mr. Dharmendra Barthwal, Advocate)


                         JUDGMENT

A provisional order of assessment was passed against the petitioner by the Competent Authority in Uttarakhand Power Corporation Limited on 07.03.2011, whereby petitioner was held liable to pay a sum of ` 2,44,479/-.

2. It is not in dispute that the said order was not challenged by the petitioner before any higher forum.

3. By means of this writ petition, petitioner wants direction to Managing Director of Uttarakhand Power Corporation Limited to take decision on his representation.

4. Since petitioner has a statutory remedy of appeal under Section 127 of Electricity Act, 2003, therefore, the relief as prayed, in the writ petition, cannot be granted.

5. Accordingly, the writ petition fails and is dismissed. No order as to costs.

6. However, petitioner shall be at liberty to approach the Appellate Authority, if so advised.

7. If petitioner files appeal within one week from today, the Appellate Authority shall consider the delay condonation application of the petitioner, favourably.

(MANOJ KUMAR TIWARI, J.) Shubham