Court No. - 36
Case :- WRIT - C No. - 28454 of 2018 Petitioner :- Makkhan Lal Gupta Respondent :- Commissioner Allahabad Division And 3 Others Counsel for Petitioner :- Vindeshwari Prasad Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Mrs. Sunita Agarwal,J.
The appeal filed by the petitioner under Section 127(2) of the Electricity Act' 2003 has been rejected vide order dated 04.01.2018 by the Additional Commissioner (Administration), Allahabad Division Allahabad on the ground that the petitioner did not make the statutory deposit to the extent of 1/3 as required under the said provision.
Sri Mahboob Ahmad learned counsel for the respondent no.2 & 3, on the other hand, submits that as per the amendment in the Electricity Act' 2003, the requisite statutory deposit are to the extent of 1/2 of the assessed amount. The deposit of 1/3 made by the petitioner vide receipt dated 09.03.2018 would not be sufficient to maintain the appeal.
On this objection, learned counsel for the petitioner submits that the petitioner is ready and willing to deposit 1/2 of the assessed amount before the competent authority.
In view of the submission, the present petition is being disposed of with the direction as follows:-
1. In case, the petitioner deposits the balance of the amount i.e. to the extent of 1/2 of the assessed amount and moves an application before the appellate authority alongwith certified copy of this order within a period of two weeks from today.
2. The competent authority namely the Commissioner (Administration), Allahabad Division Allahabad would be under obligation to consider the request of the petitioner for revocation of order dated 04.01.2008 so as to decide the appeal on merits.
An expeditious decision in accordance with law shall be taken on the application moved by the petitioner preferably within a period of two weeks from the date of submission of the application.
In case of any default of the petitioner in making the deposit as noted above, it would be open for the respondent to proceed in accordance with law.
Order Date :- 24.8.2018 Himanshu