This writ petition has been filed, seeking to quash the impuged proceedings dated 26.11.2016, passed by the respondent.
2. According to the petitioner, he has been provided with an electricity service connection for his agricultural field under Tariff 3A(1) by the respondent. During 2013-2014, the petitioner exceeded the load strength, as the water level had gone deep in the bore-well. The petitioner paid a sum of Rs.1,99,954/- (Rupees One Lakh Ninety Nine Thousand Nine Hundred and Fifty Four only) towards penalty amount apart from the regular usage charges. Whereas, all of a sudden, the present impugned order came to be passed without any notice to the petitioner, demanding an additional sum of Rs.1,59,191/- (Rupees One Lakh Fifty Nine Thousand One Hundred and Ninety One only). Therefore, aggrieved by the same, the petitioner is before this Court with the above prayer.
4. The learned counsel for the petitioner would submit that there is a violation of principles of natural justice, inasmuch as no notice had been issued by the respondents to the petitioner before taking such a decision.
5. Heard the learned Counsel on either side.
6. The learned Counsel for the respondent has submitted that the petitioner, without exhausting the appeal remedy, has straightaway come to this Court. Further, he has submitted that the respondent has no objection in remanding the matter to the respondent for fresh consideration.
7. In view of the above submission, the writ petition is allowed and the impugned order is set aside and the matter is remitted for fresh consideration to the respondent, to pass suitable orders, with regard to assessment of charges for the period in question, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner. No costs. Consequently, connected miscellaneous petition is closed.
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