- (1.) The petitioner in this art.226 petition dated September 28, 2011 is questioning a provisional assessment bill (at p.12) raised by the licensee under the Electricity Act, 2003.
(2.) The bill has been raised on the basis of an order of provisional assessment passed by the assessing officer of the licensee under s.126 of the Electricity Act, 2003. Counsel for the licensee submits that the order of final assessment has already been passed, though ex parte. She says that if the petitioner applies for re-hearing of the assessment proceedings, then the assessing officer of the licensee will consider the request.
(3.) The order of final assessment is not under challenge. The order of provisional assessment, not challenged either, has merged into the order of final assessment. The petitioner has a statutory remedy of appeal under s.127. Whether he will appeal against the final order or will apply to the assessing officer for re-hearing is a matter to be decided by him. I only say that this petition questioning the provisional assessment bill is just not maintainable. For these reasons, the petition is dismissed. No costs.;