Court No. - 32
Case :- WRIT - C No. - 41727 of 2018
Petitioner :- Naseem Ahmad
Respondent :- Managing Director And Another
Counsel for Petitioner :- Raj Kumar Singh
Counsel for Respondent :- Mahboob Ahmad,Sunil Kumar Singh
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the parties and perused the record.
This writ petition, inter alia, has been filed for the following reliefs;
"(i) to issue a writ, order or direction in the nature of certiorari quashing the notice dated 18.08.2018 issued by respondent no.2 (Annexure no.1).
(ii) to issue a writ, order or direction in the nature of mandamus directing to the respondent no.2 shall decide the representation dated 23.08.2018 in accordance with law after considering the papers regarding open ceremony dated 29.07.2018."
Sri Mahboob Ahmad, learned counsel for the Respondent No.2- Executive Engineer has stated that the final order has not yet been passed and the petitioner has been simply directed to file his objection.
Perusal of the record shows that the petitioner has already filed his objection on 23.08.2018 before the Respondent No.2- Executive Engineer against the order/notice dated 18.08.2018.
Considering the facts and circumstances of the case and without expressing any opinion on the merit of the case, this writ petition is being disposed of with a direction to the petitioner to appear on 04.01.2019 at 11 A.M. before the Respondent No. 2- Executive Engineer along with his objection dated 23.08.2018 and adduce any evidence, if any, in support of his contention. The Respondent No.2-Executive Engineer, thereafter, shall pass the final order by a speaking order after considering the objections of the petitioner dated 23.08.2018 as well as the contention raised by the petitioner.
In case the petitioner is aggrieved with the final order, if any, passed against the petitioner, it will be open for the petitioner to file an appeal before the concerned authority under Section 127 of the Electricity Act, 2003 in accordance with law.
Order Date :- 18.12.2018 JK Yadav