Rizham Steel And Estate Pvt. Ltd And ANR v. State Of Maharashtra Thr Secretary And ANR
Digitally signed by GAURI AMIT GAEKWAD Date:
2022.12.23 17:17:40 +0530 GAURI AMIT GAEKWAD 1/2 920-WP-3529-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3529 OF 2022 Rizham Steel & Estate Pvt. Ltd. & Anr.
.....Petitioners Vs.
State of Maharashtra and Anr.
.....Respondents ---- None for petitioners.
Mr. A.A. Alaspurkar, AGP for State.
Mr. Rahul Sinha for respondent nos.2 and 3.
---- CORAM : K. R. SHRIRAM & KAMAL KHATA, JJ.
DATED : 23rd DECEMBER 2022 P.C. :
Mr. Sinha for respondent nos.2 and 3 (hereinafter referred to as "respondents"), as an officer of the Court, on instructions states that the grievance of petitioners that without issuing the final assessment order the electricity supply was disconnected is correct. Mr. Sinha states that his instructions are that the electricity supply has been reconnected and final assessment order has not been passed. Mr. Sinha states that since some time has passed, petitioners be directed to file a fresh representations/ submissions before the Assessing Officer appointed under Section 126 of the Electricity Act and respondents will, after following principles of natural justice, pass a reasoned order.
In our view, the suggestion made by Mr. Sinha is quite reasonable. In the circumstances, we pass the following order : (a) Respondents shall provide copies of documents/ Gauri Gaekwad
2/2 920-WP-3529-2022.doc statements etc. relied upon by them while issuing the provisional assessment order/provisional bill within one week of this order being uploaded;
(b) Within two weeks of receiving documents from respondents, petitioners shall file fresh submissions/ representations to respondents in response to the provisional assessment order/provisional bill raised; (c) Within three weeks thereafter, respondents shall pass a reasoned order dealing with every submissions made by petitioners but before passing any order, respondents shall also give a personal hearing, notice of which shall be communicated to petitioners atleast 5 working days in advance.
Petition disposed. No order as to costs.
We clarify that we have not made any observations on the merits of the matter.
(KAMAL KHATA, J.) (K. R. SHRIRAM, J.) Gauri Gaekwad