Court No. - 6
Case :- WRIT - C No. - 24157 of 2019 Petitioner :- M/S S.A.M. Overseas Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Atul Mehra,Bidhan Chandra Rai Counsel for Respondent :- C.S.C.,Chandan Agarwal
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner, Sri Chandan Agarwal for the respondent Nos. 3 to 5 and the learned Standing Counsel.
Learned counsel for parties are ad idem that the assessment undertaken under Section 126 of the Electricity Act, 2003 can only be by the concerned Executive Engineer. This is also evident from the notification of the State Government dated 27 June 2006. Although it was feebly argued by learned counsel for the respondents that no such objection was taken before the Superintending Engineer who proceeded to pass the order in terms of the direction of remand, it is not disputed that acquiescence cannot confer or clothe jurisdiction on an authority.
In view of the above and with the consent of parties, the instant petition is allowed. The order of the Superintending Engineer dated 22 April 2019 is hereby quashed. The order passed by the Appellate Authority dated 10 December 2018 shall stand modified only to the extent of the matter now being placed before the concerned Executive Engineer for disposal of the matter in accordance with the directions framed by the Appellate Authority.
Order Date :- 25.7.2019 faraz