(1.) A pure question of law arises for consideration in the present case. Petitioner in the present case is aggrieved by and dissatisfied with the order dated 25.11.2016 passed by the Additional Collector-cum-District Electricity Appellate Officer, Vaishali by which the appeal preferred by the petitioner under Section 127 of the Electricity Act, 2003 (hereinafter referred to as the 'Act of 2003') has been rejected.
(2.) Learned counsel for the petitioner is contesting the order rejecting his appeal on the grounds inter alia that the Additional Collector, Vaishali (Respondent No. 5) cannot be said to be the competent authority to adjudicate an appeal under Section 127 of the Act of 2003 particularly in view of the provisions of the Appeal to Appellate Authority Rules, 2004 (hereinafter referred to as the 'Rules of 2004') framed by the Central Government in exercise of its powers under Clause (u) of Sub-section (2) of Section 176 of the Act of 2003.
(3.) Considering the submissions of learned counsel for the petitioner when this Court found that in the counter affidavit earlier filed on behalf of the respondent nos. 2 to 6, there was no answer to the same, the Court passed order dated 26.06.2019 calling upon the respondent nos. 2 to 6 to supplement their counter affidavit. The order dated 26.06.2019 is quoted hereunder for ready reference:-