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Himachal Pradesh High Court

M/S Kundlas Loh Udyog vs Himachal Pradesh State Electricity ... on 5 August, 2019

Bench: V. Ramasubramanian, Anoop Chitkara

    IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

                                                CWP No. 1651 of 2019
                                   Date of decision: 05.08.2019




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    M/s Kundlas Loh Udyog                              .....Petitioner
                     Versus
    Himachal Pradesh State Electricity Board & others ...Respondents
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    Coram:
    The Hon'ble Mr. Justice V. Ramasubramanian, Chief Justice
    The Hon'ble Mr. Justice Anoop Chitkara, Judge.
    Whether approved for reporting?1
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    For the petitioners :               Mr. R.L. Verma, Advocate.

    For the respondents:r               Mr. T.S. Chauhan, Advocate.

    V. Ramasubramanian, Chief Justice                     (Oral)

Seeking an early disposal of a matter that was remanded back to the Senior Executive Engineer by the Appellate Authority under the Electricity Act, 2003, a consumer has come up with the above writ petition.

2. Heard Mr. R.L. Verma, learned Counsel for the petitioner and Mr. T.S. Chauhan, learned Counsel for the respondents.

3. By an order dated 21.02.2019, the Divisional Commissioner has allowed the appeal filed by the petitioner under Section 127 of the Electricity Act, 2003 and set aside the order passed by the Senior Executive Engineer dated 14.06.2011. The matter was actually remanded back to the Assessing Officer for a fresh disposal after hearing the petitioner.

Whether the reporters of Local Papers may be allowed to see the judgment?

4. The grievance of the petitioner is that an amount has already been recovered from the petitioner and hence, everyday's .

delay in the disposal of the matter, prejudices him.

5. It is stated by Mr. Tara Singh Chauhan, learned Standing Counsel for the respondents-Electricity Board that the Officer to whom the matter has been remanded back, is under transfer and that as soon as the new incumbent is posted, the matter will be decided within a time frame.

6. In the light of the above, the writ petition is disposed of directing the Assessing Officer to pass fresh orders as per the order of the Appellate Authority, namely the Divisional Commissioner, dated 21.02.2019 within a period of eight weeks from the date of receipt of a copy of this order.

7. Pending application(s), if any, also stands disposed of.

Copy dasti (V. Ramasubramanian) Chief Justice.

    August 5, 2019                                   (Anoop Chitkara)
     (hemlata)                                             Judge.




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