AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
6 paragraphs · 282 wordsSushrut Arvind Dharmadhikari, J
Heard on the question of admission.
Writ Appeal filed under Section 2 (1) of the M.P. Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal), Adhiniyam, 2005 assails the order dated 15.12.2023 passed in W.P. No.31086/2023 passed by the learned Single Judge whereby the Writ Petition has been dismissed on the ground of alternative remedy of approaching the Electricity Consumer Grievance Redressal Forum.
Learned counsel for the appellant submitted that respondent authority has not passed any final order, therefore, there is no question of availing the alternative remedy. According to the facts of the case, a provisional assessment order has been passed with the condition that if the appellant does not submit any reply within a period of 30 days then the provisional assessment order would be treated as final order.
Learned counsel for the appellant pointed out that as per Section 126 of the Electricity Act, 2003 the provisional assessment order cannot be treated as final order in view of the fact that the Section provides for passing of a final order within 30 days from the date of service of such order of provisional assessment which has not been done in the present case.
The contention of the learned counsel for the appellant appears to be in accordance with law, therefore, the order passed by the learned Single Bench dated 15.12.2023 in W.P. No.31086/2023 is hereby set aside. The respondent is directed to permit the appellant to file reply within a period of 15 days from today and thereafter pass a final assessment order within next 30 days. The respondent shall afford opportunity of hearing to the appellant before passing the final assessment order.