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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 2759 of 1997
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DHARMESH RICE MILLS
Versus
GUJARAT ELECTRICITY BOARD
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Appearance:
MR SV RAJU for Petitioner
MR TUSHAR MEHTA for Respondent No. 1
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CORAM : MR.JUSTICE D.G.KARIA
Date of Order: 11/04/97
ORAL ORDER
Rule. Mr. Tushar Mehta waives service of rule.
In the facts of the case the matter is finally heard
today.
By this petition under Art. 226 of the
Constitution of India, the petitioner has questioned the
legality of the order dated July 11, 1996 passed by the
Appellate Committee of the respondent Gujarat Electricity
Board. The main contention raised on behalf of the
petitioner is that the the impugned order passed by the
Appellate Committee suffers from the vice of
non-application of mind as the submissions made in
writing by and on behalf of the petitioner have not been
considered by the Appellate Authority. What is contended
in the said written submissions by the petitioner was
that the unit of the petitioner was seasonal and operated
for some months in the year and as such quantifying the
amount for consumption of electricity for the whole
year would be erroneous and unreasonable. It appears
that the Appellate Committee has not considered this
point while assessing the liability of the petitioner for
consumption of the electricity and straightway the
petitioner has been directed to pay the balance amount of
Rs. 1,21,301.88. In this view of the matter, the
Appellate Committee has to consider the contentions of
the petitioner that the factory being seasonal and
operative for some months only, the assessment arrived at
has got to be assessed accordingly. In this view of the
matter, the petition deserves to be allowed.
In the result, the petition is allowed. The
impugned order passed by the Appellate Authority is
quashed. The matter is ordered to be remanded for
consideration of the Appellate Committee afresh and the
Appellate Committee may decide the appeal of the
petitioner having regard to the contentions raised in his
written submissions and after giving an opportunity of
being heard in the matter. Rule is accordingly made
absolute with no order as to costs.
(D.G. Karia, J.)