ORDER :

A.J. SHASTRI, J.

1. The present Letters Patent Appeal under Clause-15 of the Letters Patent is directed against order passed by the learned Single Judge dated 09.08.2019 in Special Civil Application No.2476 of 2013.

2. Background of facts giving rise to this appeal are that the respondent No.1 – original petitioner, had a L.T. power connection of 50 KW load under LTP-III tariff bearing Consumer No.12306/00256/8 at Sachin Industrial Estate at Surat. Checking at the premises took place on 07.01.2011 where it was alleged that the respondent No.1 unit was using electricity from industrial connection for equipments of office for commercial purpose. Therefore, when the checking-sheet was prepared, it was asserted that electricity from industrial connection was used for commercial purpose in the office. Pursuant to the said checking-sheet, a supplementary bill was issued by the appellate authority amounting to Rs.4,94,763/-. Against the said bill, a representation was filed on 25.01.2011 wherein the circumstances were projected in detail by respondent No.1. Along with the representation, documentary evidence was also produced. However, the appellate authority did not consider the same and confirmed the said provisional/ supplementary bill, giving a final bill of the said amount. It appears that aggrieved by the said final bill, respondent No.1 herein, preferred a statutory appeal under Section-127 of the Electricity Act, 2003. Here the appellate authority considered the case of both sides and an order came to be passed on 29.09.2012 through which the appellate authority dismissed the appeal. Aggrieved by the dismissal of the appeal, respondent No.1 herein has invoked extraordinary jurisdiction of this Court, through a writ petition under Article-226 of the Constitution of India, praying for the following reliefs :

“(a) Your Lordships may be pleased to issue writ of certiorari and/or writ, direction or order in the nature of writ writ of certiorari or any other appropriate writ, direction or order quashing and set aside the order passed by the appellate authority dated 29.09.2012 and direct the respondent No.1 to refund Rs.4,94,763.23 to the petitioner.

(b) Pending the hearing and final disposal of the petition, the implementation, execution and/or operation of the order dated 29.09.2012 and notice dated 15.02.2011 may be stayed and the respondents may be restrained from disconnecting the connection of the petitioner bearing consumer No.12306/00256/8.

(c) Any other appropriate reliefs deemed just and appropriate in the interest of justice may be granted.”

3. After the issuance of the notice, the aforesaid writ petition came for consideration before the Court. After hearing both sides, the learned Single Judge vide order dated 09.08.2019 was pleased to consider the case at length and has arrived at a conclusion that a fresh look deserves to be taken at the hands of authority. Resultantly, the petition came to be disposed off remitting it to the stage of the Deputy Executive Engineer, for reconsidering it afresh. The operative portion of the said order contained in paragraph-10 is reproduced hereinafter :

“[10] In view of the aforesaid, this Court is of the view that the impugned order of the Deputy Executive Engineer was not in conformity with the requirement of Circular dated 20.10.2005 issued by the electric company. In view of the aforesaid, the impugned orders of the Deputy Executive Engineer and the Electrical Inspector are ordered to be quashed and set aside. The matter is remitted back to the stage of Deputy Executive Engineer to reconsider the case afresh. The aforesaid exercise to be concluded, after giving an opportunity of hearing to the petitioner, within a period of two months from the date of receipt of writ of this order.”

4. It is this order passed by the learned Single Judge which is made the subject-matter of pre