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Mohd. Qasim & Another v. Pashchimanchal Vidyut Vitran Nigam Ltd. & Others - WRIT - C No. 62886 of 2005  RD-AH 3794 (30 September 2005)
Civil Misc. Writ Petition No.62886 of 2005
Mohd. Qasim & another ..............................Petitioners
Pashchimanchal Vidyut Vitran Nigam Ltd.
Meerut through Upkhand Adhikari (Dwitiya),
Vidyut Nagriya Vitran Khand Pratham, Moradabad.....Respondents
Hon'ble R.K. Agrawal, J.
Hon'ble (Mrs.) M. Chaudhary, J.
A provisional assessment was made against the petitioners. The petitioners thereafter preferred two representations dated 25.4.2005 and 30.6.2005 but the same were not decided. Petitioners approached this Court by filing civil misc. Writ petition no.51958 of 2005 which was disposed of vide judgment and order dated 26.7.2005. This Court had directed the respondent no.4 i.e. Executive Engineer, Vidyut Nagriya Vitran Khand Pratham, Moradabad to dispose of the said representations expeditiously, preferably within 15 days after the deposit of Rs.50,000.00. Pursuant to the direction given by this Court vide judgment and order dated 26.7.2005, the petitioners deposited a sum of Rs.50,000.00 and also approached the respondent no.4 for deciding the said two representations. The respondent no. 4 vide impugned order dated 31.8.2005 had disposed of the representation dated 25.4.2005. Other representation dated 30.6.2005 has not been disposed of as it was not available in his office and the petitioners have been asked to furnish a copy of the said representation. Shri Deepak Jaiswal, learned counsel for the petitioners submits that the petitioners have filed copy of the representation dated 30.6.2005 on 12.9.2005.
So far as the order dated 31.8.2005 is concerned, it is an order in purported exercise of power under Section 126 (3) of the Electricity Act, 2003 as the same has been passed after provisional bill was raised and the petitioners have filed their objection. The appeal lies under Section 127 of the Electricity Act before appropriate Authority. The petitioners are directed to prefer an appeal and avail of the remedy provided under Section 127 of the said Act. In so far as not deciding the representation dated 30.6.2005 is concerned, we direct the respondent no.4 to decide the same within two weeks from the date a certified copy of this order alongwith copy of the said representation is filed before him
With the aforesaid observations, the writ petition is disposed of.
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