ANEES AHMAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The main grievance, which has been raised and argued by the learned counsel for the applicant is that in pursuance to an action taken by the respondent contending thereof that the electricity metre, which was installed in the premises of the present applicant was found to be tampered, for which the respondent contend that the same was sent to the laboratory and after the laboratory test, it was found that while examining the seal of the metre, there was certain defects were found, which were pointed out in the report of inspection submitted later.

(2.) At this stage, when this Court is considering the present C482 Application, this Court is not concerned with the either steps taken for the laboratory test of the metre, or the report which was submitted thereafter; but, what is reflected is that after the test which was conducted and on the basis of report which was submitted on 17/10/2011, the respondent had assessed the applicant under Sec. 126 of the Electricity Act, 2003 and by an order dtd. 2/12/2011, whereby a total liability was settled to be paid by the applicant was assured as Rs.2,38,710.00.

(3.) Yet again, it is important to mention that this Court is not at all venturing into the propriety of the quantum of liability, which has been settled on the applicant by the proceedings under Sec. 126, because under the statute, the same would be a subject matter of an appeal, which is statutorily available to the applicant against the assessment order as contemplated under Sec. 126 or by way of filing a compounding application under Sec. 152 but that is exclusively depending upon the choice of the applicant to have the recourse available to him under law governing the field.