1/3 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE Dr.JUSTICE VINEET KOTHARI W.P.No.38788/2013 (GM-KEB) BETWEEN R. PRABHAKAR S/O LATE SREERAMAIAH AGED ABOUT 47 YEARS R/AT. No.174/4, GARVEBHAVIPALYA HOSUR ROAD, BANGALORE-560068.
(BY SRI SATHEESH K.N. ADVOCATE FOR ...PETITIONER SRI SUBRAMANYA BHAT M, ADVOCATE) AND 1. THE BANGALORE ELECTRICITY SUPPLY COMPANY LTD., REP. BY THE MANAGING DIRECTOR K.R. CIRCLE, BANGALORE-01.
2. THE ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) AND THE ASSESSING OFFICER S-8 SUB-DIVISION, BESCOM BANGALORE-01.
...RESPONDENTS (BY SRI G.C. SHANMUKHA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS & QUASH THE ORDER DATED 20-04-2013 ISSUED BY THE R2 VIDE ANNX-E AS THE SAME IS CONTRARY TO SUB-SEC (3) AND (5) OF SEC 126 OF THE ELECTRICITY ACT & ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr. Satheesh K.N. Adv. for Mr. Subramanya Bhat M, Adv. Petitioner. Mr. G.C. Shanmukha, Adv. for Respondents.
The present petitioner is directed only against the provisional demand notice on account of back billing charges of Rs.11,60,496/- and compounding charges of Rs.1,54,000/- totaling to Rs.13,12,296/- for the period August-2008 to February-2013 on account of allegation of theft of electricity in respect of electric installation bearing R.R.No.8SL 35417 at the place of the present petitioner-Mr.R.Prabhakar in spite of filing objections and getting the final adjudication under Section 126 of the Electricity Act, 2003.
2. Learned counsel for the petitioner has submitted that the objections were filed before the concerned Authority vide Annexure-D dated 09.04.2013.
3. In the circumstances, the petition is disposed of by relegating the present petitioner to the concerned Authority i.e., Respondent No.2-The Assistant Executive Engineer (Elec) and the Assessing Officer, S-8 Sub-Division, BESCOM, Bengaluru-1 and the said Respondent No.2 is directed to pass final Assessment Order in accordance with law.
The petitioner may appear before the concerned Authority in the first instance on 14.11.2017.
With the above observation and direction, the present petition is disposed of. No order as to costs.
Sd/- JUDGE TL