Abul Hossen Mallick v. West Bengal State Electricity Distribution Co. Ltd.
2010-08-02
J.K.BISWAS
body2010
DigiLaw.ai
JUDGMENT 1. THE Court: THE petitioner in this art.226 petition dated July 28, 2010 is questioning an order dated July 8, 2010 (at p.29) of the Appellate Authority under s. 127 of the Electricity Act, 2003. 2. QUESTIONING the order of provisional assessment dated March 20, 2010(at p.26) the petitioner previously moved W.P. No. 6694(W) of 2010 under art. 226. By an order dated May 5, 2010 the petition was disposed of relegating the petitioner to the Appellate Authority and directing restoration of electricity on payment of the specified amount. In view of the order of this Court dated May 5, 2010 the Appellate Authority made the impugned order dated July 8, 2010. It is evident that the whole thing has been done contrary to law and without jurisdiction. The previous petition was filed questioning the order of provisional assessment of the Assessing Officer under s.126 of the Electricity Act, 2003. From the order an appeal could not be filed under s.127 under which an appeal can be filed only from a final order under s.126. 3. IT is evident that advocates for the parties did not bring the provisions of law to the notice of the Court that made the order dated May 5, 2010. In ignorance of the provisions of s.127 the Court relegated the petitioner to the Appellate Authority. The Appellate Authority had no statutory power to entertain the appeal. The order of the Appellate Authority is totally without jurisdiction, because the Court could not confer on him the appellate power that was not conferred by any statutory provision. 4. FOR these reasons, the order dated July 8, 2010 is hereby set aside. The petition is disposed of directing the Assessing Officer to make the order of final assessment, if that has not yet been made. If the order of final assessment has already been made, then a copy thereof shall be supplied to the petitioner immediately. No costs.