- (1.) The Court:- The petitioner in this WP under art.226 dated January 13, 2012 is questioning a decision under s.127 of the Electricity Act, 2003 dated May 25, 2011 (at p.59).
(2.) Alleging theft of energy the assessing officer of the licensee under the Electricity Act, 2003 initiated proceedings under s.126 of the Act. After passing the order of provisional assessment, the assessing officer passed the order of final assessment. The petitioner lodged an appeal against the final order with an application for an order dispensing with the requirement of deposit in terms of the provisions of s.127. The application has been turned down by the appellate authority.
(3.) Counsel for the petitioner submits as follows. Since a strong prima facie case was made out in the appeal that the order of provisional assessment and the order of final assessment both were vitiated by a wrongful assessment of the un-metered energy charge, in the interest of justice the appellate authority ought to have considered the petitioner s request for dispensing with the requirement of the deposit for maintaining the appeal.;