Thakur Singh vs C.G. State Electricity Board and Others

Hon''ble Shri Satish K. Agnihotri, J.—Heard learned counsel for the parties.

Learned counsel appearing for the petitioner submits that the wrong assessment of the electricity consumption was made by the Assessing Officer i.e. Assistant Engineer on account of allegation of theft of electricity. The Special Judge (Electricity Act), Durg, in special case No. 18/07 (Chhattisgarh State Electricity Board Vs. Thakur Singh) by judgment dated 25-10-2008 (Annexure-P/6) has acquitted the petitioner on merits. Thus, the fresh assessment should be done accordingly.

Shri Tiwari, learned counsel appearing for the respondents, submits that the appeal against the judgment dated 25-10-2008 is pending consideration before this Court. Shri Tiwari further submits that the bill was not raised on account of any penalty, but was raised for the consumption of electricity by the petitioner.

Be that as it may, since there is a provision of appeal, the petitioner is granted liberty to make a representation (appeal) to the respondent No.2 against the order passed by the Assessing Officer i.e. Assistant Engineer. In the event a representation (appeal) is made, the same shall be considered and decided, in accordance with law and on its own merits, within a period of four weeks from the date of receipt of the representation (appeal). Shri Tiwari has no objection to consideration of the same by the appellate authority within the specified time.

Accordingly, the writ petition is disposed of, with the above observations and directions. No order asto costs.