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2018 Supreme(P&H) 907

RAKESH KUMAR JAIN
Devki Devi Jain Memorial College for Women – Appellant
Versus
Punjab State Power Corporation Limited – Respondent


Advocates Appeared:
For the Petitioner:Mr. Puneet Jindal, Senior Advocate, with Ms. Shreya Mahajan, Advocate
For the Respondent:Mr. Ayush Sarna, AAG, Mr. Shubham Kaushik, Advocate, for Mr. Naveen K. Bhardwaj, Advocate, Mr. Sakesh Kumar, Advocate, and Mr. Deepak Girotra, Advocate

JUDGMENT :

Rakesh Kumar Jain, J.

1. The petitioner has prayed for a writ in the nature of certiorari for quashing the final assessment order dated 08.08.2015 passed under Section 126 of the Electricity Act, 2003 (hereinafter referred to as the “Act”) for the alleged unauthorized use of electricity.

2. One of the issues involved in this petition is as to whether the writ petition would be maintainable to challenge the order passed under Section 126 of the Act in the presence of the statutory remedy of appeal provided under Section 127 of the Act?

3. In order to appreciate the issue involved, it would be relevant to refer to Section 127 of the Act, which reads as under:-

“Section 127. (Appeal to Appellate Authority):-- (1) Any person aggrieved by the final order made under section 126 may, within thirty days of the said order, prefer an appeal in such form, verified in such manner and be accompanied by such fee as may be specified by the State Commission, to an appellate authority as may be prescribed.

(2) No appeal against an order of assessment under sub-section (1) shall be entertained unless an amount equal to half of the assessed amount is deposited in cash or by way of bank draft wit



















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