- (1.) The petitioner in this art.226 petition dated September 28, 2011 is seeking a mandamus commanding the respondents to entertain his appeal against an order dated July 7, 2011 passed by the assessing officer of West Bengal State Electricity Distribution Company Limited, a licensee under the Electricity Act, 2003, under s.126 of the Act.
(2.) Counsel for the petitioner submits that since for reasons beyond control the petitioner could not lodge the appeal under s.127 within the period of limitation, though the petitioner deposited 50 per cent of the finally assessed amount within 30 days of the order of final assessment, in the interest of justice the petitioner should be allowed to lodge the appeal.
(3.) There is no provision empowering the appellate authority under s.127 of the Electricity Act, 2003 to condone delay in lodging an appeal against a final order under s.126 of the Act. The period of limitation for lodging an appeal by the petitioner had expired long before this petition was filed. At the date this petition was filed he was no longer entitled to lodge an appeal against the s.126 order.;