KANAKA DURGA CASTINGS (P) LTD Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) THIS Writ Petition is filed praying to quash the impugned order of the 1st respondent made in No.447/ED/EE-II/JE-Tech/JE/F-SKDC/2012-13, dated 30.04.2012 and compounded in Letter No.1385/ED/EE-II/JE/F-SKDC/2012-13 dated 26.06.2012.

(2.) FACTS of the case as put forth in the affidavit would run thus:

(3.) THE gravamen of the contention of the learned Senior Counsel for the petitioner is that the procedure contemplated under Section 126 has not been followed. Even assuming that the respondent's case pertains to the procedures as per Section 135 of the Electricity Act, stringent procedures contemplated under Regulations 10.1 and 10.5 of the Joint Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2010, were not followed by the respondent before passing the impugned order and hence the impugned order is liable to be set aside. It is his further contention that before passing the Final Assessment Order, no opportunity of hearing was given to the petitioner and therefore, the entire proceedings is vitiated in law.