RAM PAL SINGH BARU SINGH Vs. UP MAHA PRABANDHAK ELECTRICITY DISTRIBUTION DIVISION WESTERN ELECTRICITY

JUDGEMENT

(1.) Heard counsel for the petitioner and Sri V.S. Mishra appearing for the respondents.

(2.) By this writ petition, the petitioner has prayed for quashing the order dated 11th June, 2004 passed by respondent No. 1.

(3.) Petitioner filed an appeal under Section 127 of Electricity Act, 2003 challenging the assessment order. An order has been issued by appellate authority that appeal of the petitioner be considered only when the petitioner makes deposit of 1/3rd of the amount demanded by the assessment order as provided under the provisions of the Electricity Act, 2003. The said order has been challenged in this writ petition. Challenge has also been made to the provisions of Section 127(2) of the Electricity Act. Section 127(2) of the Electricity Act provides that no appeal against assessment order shall be entertained unless an amount equal to one-third of the assessed amount is deposited. Section 127(2) is quoted below: "127. Appeal to appellate authority.-(1) ... ... ... ... ... ... ... ... ... ...... (2) No appeal against an order of assessment under Sub-section (1) shall be entertained unless an amount equal one-third of the assessed amount is deposited in cash or by way of bank draft with the licensee and documentary evidence of such deposit has been enclosed along with the appeal"