Hotel Royal Inn vs MPMKVV Co. Ltd.

S.K. Gangele, J.—Heard. Petitioner has filed this petition against the order Annexure P/6.

By the aforesaid order, the petitioner has been directed to deposit an amount of Rs. 5,43,188. This order is passed u/s 126(2) of the Electricity Act, 2003 (for short, the "Act").

Respondents in their return have pleaded that the sanctioned loan of the petitioner is 54 KW non domestic power. IN a surprise inspection conducted on 20/5/2013 it was found that the connected load was 104 KW. Hence, in accordance with the provisions of section 126 of the Act, a provisional assessment order has been issued against the petitioner.

The petitioner contended that against the provisional assessment, the petitioner filed objections and those objections have not been decided. The respondents in their return refuted the aforesaid pleading and further pleaded that vide order Annexure R/4 the objections submitted by the petitioner have been rejected.

I have perused the order Annexure R/4. It is not clear from the order that opportunity of hearing was given to the petitioner. It is also not pleaded in the return that the petitioner was afforded any opportunity of hearing before passing of the order.

Section 126(3) of the Act reads thus:

The person, on whom an order has been served under sub-section (2) shall be entitled to file objections, if any, against the provisional assessment before the assessing officer, who shall, after affording a reasonable opportunity of hearing to such person, pass a final order of assessment within thirty days from the date of service of such order of provisional assessment, of the electricity charges payable by such person.

In accordance with the aforesaid statutory provisions, the assessing officer shall pass final order of assessment after affording reasonable opportunity of hearing to the person. Hence, the order Annexure R/4 is contrary to the statutory provisions of section 126(3) of the Act.

Consequently, the petition is disposed of with the following directions:

Annexure R/4 dated 29/5/2013 passed by the respondents is hereby quashed.

The petitioner is directed to appear before the Authority on 21st June, 2013 at 11.00 AM and after hearing the petitioner the Authority shall pass order in accordance with the provisions of section 126(3) of the Act.

Upto passing of the final order, the order of status quo shall be maintained.

It is hereby clarified that this Court has not expressed any opinion about the merits of the case.

Petition is disposed of with the aforesaid with no order as to costs. Certified copy.