- (1.) We have heard Sri Govind Krishna, learned counsel for the petitioner and Sri Nripendra Mishra, who has accepted notice on behalf of respondents no. 1 to 4.
(2.) A preliminary objection has been raised by the learned counsel for the respondents with respect to maintainability of this petition on the ground of availability of statutory alternative remedy of filing an appeal under Section 127 of Electricity Act, 2003 (hereinafter called as the 'Act').
(3.) Sri Govind Krishna, learned counsel for the petitioner, refuting the argument advanced on behalf of the respondents, submitted that in the facts and circumstances where the matter has traveled up to the Hon'ble Apex Court and on remand made by this Court vide judgment and order dated 04.12.2013 passed on earlier writ petition no. 67867 of 2009 of the petitioner, the matter was sent to the Executive Engineer for passing a fresh assessment order hence there is no justification to relegate the petitioner back to the alternative remedy of appeal. He has also submitted that since the action of the authorities is illegal, without jurisdiction and violative of fundamental rights of the petitioner hence the writ petition would be maintainable and is not liable to be dismissed on the ground of existence of alternative remedy.;