ARUNA BHARGAVA Vs. PUVVNL

JUDGEMENT

(1.) SINCE pleadings are complete, as requested and agreed by learned counsel for the parties, this Court proceed to decide the matter finally under the Rules of the Court at this stage.

(2.) THE writ petition is directed against the order dated 14.3.2011 passed by Commissioner, Allahabad Division Allahabad rejecting petitioner's appeal on the ground that he has not paid 1/3rd of the amount of assessment as contemplated under Section 127(2) of Electricity Act, 2003 (hereinafter referred to as "Act 2003") and hence appeal was not maintainable without complying with the aforesaid condition precedent.

(3.) AGAINST the assessment bill dated 13.12.2002, petitioner filed an appeal before appellate committee vide memo of appeal dated 11.8.2003. It appears that aforesaid appeal was subsequently transferred to Commissioner, Allahabad in 2008 where it was registered as Appeal No.3 of 2008-09. This exercise was undertaken, purported to be, under Section 127 of Act 2003. From the appellate order dated 7.10.2010, impugned in this writ petition, it is evident that aforesaid appeal was transmitted to Commissioner on 2.12.2008 by respondents-electricity supplier. The Commissioner passed an order on 7.10.2010 holding that 1/3rd amount of assessment having not been deposited by petitioner, as provided in Section 127(2), hence appeal was not maintainable. The petitioner then filed a review application which was also rejected by order dated 14.3.2011.