JAI MAHAVIR ATTA MILL Vs. JHARKHAND STATE ELECTRICITY BOARD
LAWS(JHAR)-2009-11-192
HIGH COURT OF JHARKHAND
Decided on November 24,2009

Jai Mahavir Atta Mill Appellant
VERSUS
JHARKHAND STATE ELECTRICITY BOARD Respondents

JUDGEMENT

- (1.) HEARD the parties.
(2.) LEARNED Single Judge while disposing the writ application relegated the petitioner before ttie Assessing Officer for finalizing the assessment under Section 126 of the Electricity Act, after disposing of the objection of the petitioner to the provisional assessment. The grievance of the petitioner in this appeal is that while so relegating the petitioner, the learned Single Judge did not make any interim arrangement for resoration of the electricity supply of the petitioner, subject to any condition being imposed upon the petitioner for the reconnection. According to the petitioner, continued disconnection of supply means closure of industry, not only affecting the petitioner but also several others.
(3.) THE provisional assessment which has been made at Rs. 15,39,000/ - has been made on the basis of the formula L x F x D x H. This formula has been prescribed by the Jharkhand State Electricity Board and not by the Regulatory Authority. The Electricity Board under the new code does not have the power to prescribe such a formula, and now if any formula can be prescribed for the purpose of making assessment, it can be done only by the Regulatory Authority.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.