LAWS(JHAR)-2015-2-52

ASSOCIATED ENGINEERING COMPANY Vs. JHARKHAND STATE ELECTRICITY BOARD

Decided On February 13, 2015
ASSOCIATED ENGINEERING COMPANY Appellant
V/S
JHARKHAND STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) THESE writ application are heard together and disposed of by this order as a common question of law arose in these cases.

(2.) IT appears that petitioners are LT consumers and their premises inspected on 16.7.2010 and 17.7.2010, respectively and it was found that loads in the petitioners' factory premises are more than the sanctioned load. It appears that thereafter, notices issued to the petitioners under Section 126 of the Electricity Act, 2003. Petitioners filed their objections under Section 126 (3) of the Electricity Act and thereafter, final assessment orders passed, which have been challenged by the petitioners vide interlocutory applications. Petitioners had also challenged the notices issued under Section 126 of the Electricity Act, 2003.

(3.) IT is submitted by Sri Shankar Lal Agarwal, learned counsel for the petitioners that the notices issued under Section 126 of the Electricity Act are vague as they do not contain the provisional assessment orders. Thus, the entire proceedings initiated under Section 126 of the Act is liable to be quashed on that very ground. It is further submitted that even in the final assessment orders, no reason assigned as to why the contentions of the petitioners have been rejected. Thus, on that ground also, the final assessment orders are liable to be quashed.