Jammu, Jan 10: In WP (C) No. 3427/2023 Cm No. 8310/2023. titled M/s Hotel Almond VERSUS Union Territory of J&K & Ors. after hearing HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDERED as:-
The petitioner has challenged Communication No. RBSD/345-47 dated 11th August, 2023, whereby a demand of penalty on account of electricity charges in the amount of Rs 11,45,008/- has been raised by the respondents upon the petitioner.
Challenge has also been thrown on the Communication bearing No. RBSD/528 dated 04.12.2023 whereby a demand of penalty on account of electricity charges in the amount of Rs 14,24,912/- has been raised upon the petitioner.
Learned counsel for the petitioner has submitted that before raising the impugned demands of penalty, the respondents have not followed the procedure prescribed under Section 126 of the Electricity Act, 2003, inasmuch as no provisional assessment has been made nor any notice has been issued to the petitioner by the respondents before levying the impugned penalty upon the petitioner.
Issue notice to the respondents subject to the petitioner taking necessary steps for effecting service upon the respondents within a weeks’ time.
Be listed on 11.03.2024.
In the meanwhile, subject to the objections from the other side and till next date of hearing before the Bench, the impugned demands of penalty shall remain stayed. It shall, however, be open upon the respondents to proceed in terms of Section 126 of the aforesaid Act.
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