- (1.) Heard. These I.As. will form part of the main writ petition. W.P. (C) No. 4302 of 2009: It is submitted by Mr. M.S. Mittal, learned senior counsel appearing on behalf of the petitioner that originally this writ petition was filed against the provisional assessment, but after the interim order of stay was passed in this case, the final assessment has been done ex parte. It is further submitted that the petitioner, being a builder, took connection of 10 KW and wanted to surrender after making offer to pay the current outstanding bill, but the Board is not accepting surrender of the electrical connection on the ground that a proceeding under section 126 of the Electricity Act (for short "the Act") is going on in which the petitioner may be found liable to pay some amount. He further submitted that in the final assessment proceeding, no notice was served on the petitioner.
(2.) Mr. Mukesh Kumar, learned counsel appearing for the Jharkhand State Electricity Board (for short "the Board"), on the other hand, submitted that though the petitioner filed objection to the provisional assessment, but thereafter he did not appear and, therefore, ex parte order had to be passed. However, he could not show that after the objection was filed, any notice was served on the petitioner informing him about the date fixed in the matter.
(3.) In the circumstances, the order of final assessment dated 24.12.2009 is set aside and the matter is remitted back to the Electrical Executive Engineer, Electric Supply Division, Jamshedpur (respondent no. 2). The petitioner will appear before the said authority at 11 A.M. on 16th August, 2010 when he will fix next date (s). The parties are directed to cooperate in early disposal of the proceedings and the same should be disposed of by respondent no. 2, by passing a fresh order in accordance with law, as early as possible and preferably within 30 days. The payments made by the petitioner in terms of the order passed in this writ petition will be subject to the final decision in the final assessment proceedings. If it is found that the petitioner is liable to pay any further amount, he will deposit the same within the given time. However, if it is found that the petitioner is entitled to refund, such amount should be paid to him within 30 days from the date of passing of the final assessment order.;