KHATU SHYAM UDYOG Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) PRESENT writ petition has been filed invoking the writ jurisdiction of this Court quashing the final assessment order dated 05.11.2012 passed under Section 126 of the Electricity Act. 2003.

(2.) MR . Mittal, learned senior counsel for the petitioner has vehemently argued that only provisional bill was supplied to the petitioner and despite repeated request provisional assessment order and reasoning there of were not supplied to the petitioner. Thereby, depriving him to raise all the objections against the purported assessment. He has further argued that provisions of Electricity Act and code were also not complied with while making assessment under Section 126 of the Act.

(3.) IN view of the efficacious alternate remedy in the shape of statutory appeal under Section 127 of the Electricity Act, 2003. I am not inclined to entertain this petition to find out the fault in the final assessment order. Moreover, this Court, ordinarily while exercising the jurisdiction under Article 226 of the Constitution of India, should not entertain the petition, wherein serious questions of facts and calculations are involved. Therefore, the petitioner must approach to the Appellate Authority under Section 127 of the Act. raising all the grounds in the appeal which are being raised by the petitioner in this Court by way of present petition.