- (1.) Learned counsel appearing for the petitioner submitted that in the present petition provisional assessment made by the respondents under Section 126 of the Electricity Act, 2003 is under challenge. Nonetheless, the petitioner is ready and willing to file reply to the provisional assessment under Section 126 of the Act, 2003. Learned counsel for the petitioner further submitted that the reply, filed by the present petitioner to the provisional assessment may be considered by the respondents. Over and above, there are several decisions rendered by this Court as per example L.P.A. No. 164 of 2009 dated 24th November, 2009 as well as L.P.A. No. 357 of 2008 dated 6th December, 2008 and such other decisions may also be considered, which will be referred in the reply to the provisional assessment and let the direction be given to pass a final order for assessment under Section 126 of the Act, 2003, within stipulated time.
(2.) I have heard learned counsel appearing for the respondents, who has submitted that basically the present writ petition is not tenable at law because whatever the assessment made by the respondents is nothing, but, the final decision is yet to be taken and, therefore, if a direction is given by this Court to decide the provisional assessment finally after considering the reply, filed by the present petitioner and after giving an adequate opportunity of being heard to the petitioner, within stipulated time, final order will be passed under Section 126 of the Act, 2003.
(3.) In view of the aforesaid submissions, I hereby permit the present petitioner to file reply to the provisional assessment of the electricity amount. In the reply, the decisions of L.P.A. No. 357 of 2008 dated 6th December, 2008 and L.P.A. No. 164 of 2009 dated 24th November, 2009 and such other decisions, upon which the petitioner is relying upon, will be referred and the same will be considered by the respondents while passing order of final assessment, in accordance with law, rules, regulations, policy and enforceable Government order and after giving an adequate opportunity of being heard to the petitioner, within a period of thirty days from the date of receipt of a copy of the order of this Court.;