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2011 DIGILAW 646 (MP)

Vimla Thapak v. M. P. Madhya Kshetra Vitran Co. Ltd.

2011-06-20

R.S.JHA

body2011
ORDER 1. Heard on the question of admission and interim relief. 2. It is submitted by the learned counsel for the petitioner that the petitioner who is a consumer of electricity was served with a notice under section 126 of the Electricity Act, 2003 (hereinafter referred to as the Act) alleging unauthorised use of electricity and an amount of Rs. 6,93,621/- was sought to be recovered from the petitioner. The authorities have also stated that in case the amount is not deposited, the electricity supply to the petitioner shall be discontinued. It is stated that on being served with the aforesaid notice the petitioner immediately deposited a sum of Rs. 50,000/- on 20.3.2008 and then Rs. 1,00,000/- on 7.4.2008 and filed her objections as provided under section 126 of the Act. 3. It is submitted that without deciding the petitioner's objections or passing any final order of assessment the authority again proposed to recover the amount from the petitioner being aggrieved by which the petitioner filed an appeal before the appellate authority under section 127 of the Act which has also been dismissed by the appellate authority by the impugned order dated 30.4.2011 on the ground that since no final order of assessment under section 126 of the Act has been passed, the appeal is not maintainable. 4. It is submitted by the learned counsel for the petitioner that apart from the aforesaid amount of Rs. 1,50,000/- the petitioner further deposited a sum of Rs. 1,96,850/- thus a total amount being Rs. 3,46,850/- which is 50% of the amount sought to be recovered from the petitioner has been deposited as required under section 127 of the Act for hearing of the appeal on merits by the appellate authority. 5. It is submitted that in view of the aforesaid facts and circumstances of the case the impugned disconnection by the respondents is illegal as on the one hand no final order under section 126 of the Act has been passed by the authorities as admitted by the respondents and on the other appeal is also not being heard. In the circumstances, it is prayed that the impugned order of the appellate authority be set aside and the authorities be directed to decide the petitioner's appeal in accordance with law. 6. In the circumstances, it is prayed that the impugned order of the appellate authority be set aside and the authorities be directed to decide the petitioner's appeal in accordance with law. 6. Having heard the learned counsel for the petitioner at length I am of the considered opinion that in the instant case as no final order of assessment has been passed under section 126 of the Act by the concerned authorities, therefore, no fault can be found in the impugned order dismissing the petitioner's appeal as section 127 of the Act clearly specifies that the appeal may be filed by an aggrieved person against a final order of assessment under section 126 of the Act. However, looking to the facts and circumstances of the case i.e. the fact that the petitioner has already deposited 50% of the demand and the fact that she has filed an objection as required under section 126 of the Act against the impugned recovery, the petition filed by the petitioner is disposed of with a direction to the respondent/authorities to decide the objection filed by the petitioner under section 126 of the Act in accordance with law after giving due opportunity of hearing to the petitioner and thereafer proceed further in the matter. It is further clarified that as admittedly no final order has been passed by the authorities under section 126 of the Act, no steps for disconnection of the electricity shall be taken by the respondents till final order under section 126 of the Act is passed by the authorities in accordance with law which may be passed expeditiously preferably within four weeks from the date of furnishing copy of the order passed by this Court today along with a copy of the writ petition within a week. It is also specified that the amount deposited by the petitioner shall be adjusted or refunded as the case may be, at the time of passing the order under section 126 of the Act.