Ashok S/O. Babulal Agrawal v. Maha. State Electricity Distribution Company Ltd, Thr. Executive Engineer, Buldhana And Others

39wp 52.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 52/2022 ASHOK S/O. BABULAL AGRAWAL VS MAHA. STATE ELECTRICITY DISTRIBUTION COMPANY LTD, BULDHANA AND ORS. -------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ________________________________________________________________________________ Mr. Madhur A. Deo, Advocate for the petitioner Mr. S.V. Purohit, Advocate for respondent nos. 1, 3 and 4 Mr. D.P. Thakare, Additional Government Pleader for respondent no. 2 CORAM : A. S. KILOR, J.

DATED : 19/06/2023 Heard.

2.

In the present writ petition the challenge is raised to the order dated 23.10.2020 passed by the respondent no. 5 - the Superintending Engineer in an appeal preferred under Section 127 of the Electricity Act, 2003 dismissing the appeal preferred by the petitioner.

3.

This matter can be decided without going into the merits of the matter for the simple reason that neither the petitioner nor the respondent nos. 1 to 4 were heard before passing the impugned order by the respondent no. 5 - the Superintending Engineer.

4.

Thus, I have no hesitation to hold that the impugned SMGate

39wp 52.2022.odt order is passed without following the principles of natural justice. Accordingly, I pass the following order: (I) The writ petition is partly allowed.

(II) The order dated 23.10.2020 passed by the respondent no. 5 - the Superintending Engineer is hereby quashed and set aside.

(III) The appeal is remanded back to the respondent no. 5 - the Superintending Engineer to decide the same afresh including an application for condonation of delay, after hearing the parties. JUDGE SMGate