RITU MITTAL Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
STATE OF MADHYA PRADESH
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ANAND PATHAK,J. -
(1.) Regard being had to the commonality of the issue involved, both the cases are heard analogously and disposed of by common order. For convenience's sake, facts of Writ Appeal No.424/2020 are taken into consideration.
Appellant/petitioner filed instant writ appeal being crestfallen by order dated 13.02.2019, by which the writ petition preferred by the petitioner, has been dismissed by the learned writ Court treating the petition devoid of merit. Therefore, instant appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 has been preferred.
(2.) Precisely stated facts of the case for disposal are that the petitioner is having three phase electricity connection. On 21.01.2015, inspection of the premises (of petitioner) carried out by respondent No.2 and found excess load of electricity from the prescribed one, therefore, after calculation, bill amounting to Rs.18,196/- was raised. Petitioner raised the objection about calculation of machine load which was not operational as according to appellant/petitioner while calculating the load, same ought to had been excluded. Petitioner raised those pleadings in memo of appeal before the authority, but same was not considered, therefore, petition was preferred under Article 226/227 of the Constitution of India before the writ court.
(3.) It is the grievance of the appellant/petitioner that writ court did not find the grounds raised by the petitioner to be correct as according to the learned writ court, petition carried disputed question of facts, therefore, interference declined. Being aggrieved by the order, this instant appeal has been preferred while raising the ground that present appeal may be allowed and impugned order may also be set aside.;
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