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2016 Supreme(HP) 1030

CHANDER BHUSAN BAROWALIA
Parbati Hydroelectric Project Stage-II. – Appellant
Versus
H. P. S. E. B. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Chandranarayana Singh, Advocate.
For the Respondents:Mr. Satyen Vaidya, Senior Advocate with Mr. Vivek Sharma, Advocate.

JUDGMENT :

Chander Bhusan Barowalia, J.

The present writ petition is maintained by the petitioner under Section 226 of the Constitution of India for issuance of writ of certiorari, mandamus or any other order quashing the order dated 10.12.2013 (Annexure P-5), passed by the learned Divisional Commissioner, Mandi (exercising the powers of Appellate Authority), in an appeal under Section 127 of the Electricity Act, 2003, whereby the appeal of the appellant has been dismissed without affording opportunity of hearing to the petitioner/appellant and to remand the case back to the Appellate Authority for fresh adjudication after hearing the petitioner/appellant before the Appellate Authority.

2. Briefly stating the facts giving rise to the present petition are that the petitioner is an Undertaking of Government of India and was the consumer of the respondent-Board for the consumption of electricity. The petitioner applied to the respondents for the supply of electricity for the Project and Township, which includes residential, as well as, official colony at Sainj, District Kullu, H.P, initially applied for a load of 216.77 KW in the year, 2004.

3. The respondent-Company called upon the petit




























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