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Judgment
The writ petition is filed for quashing the calculation dated 06.07.2009 issued under the signature of the then Electrical Superintendent Engineer to the
extent it relates to levy of KVA charges at two times the tariff rate in a proceeding initiated under Section 135 of the Electricity Act, 2003 as also to
the extent the number of days for levying penalty is concerned.
Mr. Navin Kumar, learned counsel for the respondents at the outset has submitted by referring to the order dated 05.10.2015 as contained in
Annexure-8 wherein reference of an order passed under Section 126 of the Electricity Act, 2003 as also Section 127 of the Electricity Act, 2003 is
there but the petitioner has not challenged the order passed under Section 127 of the Electricity Act, 2003 and rather he has approached to the
Consumer Redressal Forum raising the dispute regarding the quantum. He further submits that there is no dispute with respect to the position of law
that one Section 126 of the Electricity Act and Section 135 of the Electricity Act cannot be segregated with each other, reference in this respect has
been made of the judgment rendered in the case of Executive Engineer, Southern Electricity Supply Company of Orissa Limited (Southco) And
Another Vs. Sri Seetaram Rice Mill as reported in (2012) 2 SCC 108.
At this juncture, Mr. Nitin Kr. Pasari, learned counsel for the petitioner seeks permission to withdraw the writ application with a liberty to invoke the
jurisdiction of the appellate authority as per the provision under the Supply Code applicable in the State of Jharkhand. He further submits that the
appellate authority may be directed to consider the question of limitation.
Mr. Navin Kumar, learned counsel for the respondents-JUVNL, has no objection to such prayer of the petitioner.
In view of such submissions, this writ petition is permitted to be withdrawn with a liberty to the petitioner to approach before the appellate forum, if so
wishes.
The point of limitation may be considered in accordance with law.
The writ petition is accordingly disposed of.