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1. Rule returnable forthwith. Mr. Ashish Jha, learned counsel waives service of notice of rule on behalf of respondent No.1 and Ms. Nirali Sarda, learned AGP waives service of notice of rule on behalf of respondent No.2.

2. Present petition is filed by the petitioner under Articles 14, 19(1)(g), 226 and 227 of Constitution of India r/w the provisions of the Electricity Act, 2003 challenging the impugned order dated 7.9.2022 passed by respondent NEUTRAL CITATION C/SCA/23464/2022 JUDGMENT DATED: 17/03/2026 undefined No.2 in Appeal No.2153 of 2022 under Section 127 of the Electricity Act whereby respondent No.2-Chief Electrical Inspector, Appellate Authority has quashed and set aside the supplementary bill issued by the petitioner for unauthorized use of the electricity.

3.1 In view of the above facts, a provisional assessment under Section 126 of the Electricity Act, 2003 was issued on 03.05.2018. After granting an opportunity of hearing to respondent No.1 and considering its reply, the assessment was finalized on 05.06.2018 and a bill amounting to Rs.22,70,458.89 came to be issued to respondent No.1.

3.2 Being aggrieved by the said final assessment bill, respondent No.1 preferred an appeal before respondent NEUTRAL CITATION C/SCA/23464/2022 JUDGMENT DATED: 17/03/2026 undefined No.2 under Section 127 of the Electricity Act, 2003. The petitioner appeared in the said proceedings and filed its reply opposing the appeal.

6.3 Mr. Dave, learned counsel for the petitioner has submitted that the impugned order is illegal, arbitrary, unjust, improper and bad in law and therefore, the same deserves to be quashed and set aside.

7. As against that , Mr. Jha, learned counsel for respondent No.1 relied upon the affidavit-in-reply filed on behalf of respondent No.1 and submitted that the respondent No.1-consumer is using the electricity supply in adjacent plot and there is no extension as alleged by the petitioner and being aggrieved and dissatisfied with that and by producing relevant documents the respondent has preferred the Appeal before the Appellate Authority under Section 127 of the Electricity Act and after considering the facts of the case the Appellate Authority has passed the impugned order which is just and proper and in consonance with the settled legal principle and thus, the petition is devoid of any merits and the same deserves to be dismissed.

14. For the foregoing reasons, the petition is hereby allowed. The impugned order dated 7.9.2022 passed by respondent No.2 in Appeal No.2153 of 2022 under Section 127 of the Electricity Act is hereby quashed and set aside. Rule is made absolute.

Sd/-

(HEMANT M. PRACHCHHAK,J) SURESH SOLANKI