M/S Effective Marketing Pvt.Lt vs Jharkhand State Electricity Bo on 28 February, 2011

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      W.P.(C) No. 5944 of 2010
          M/s Effective Marketing Pvt. Ltd., Adityapur,
          Jamshedpur                                    ....Petitioner
                                 Versus
          The Jharkhand State Electricity Board & Others ......Respondents
                                 -----
          Coram       :THE HON'BLE MR. JUSTICE R.K.MERATHIA

          For the Petitioner    : Mr. S.L. Agarwal, Advocate
          For the Board         : Mr. Rajan Raj, Advocate
                                -----
6/28.02.2011

Mr. S.L. Agarwal, learned counsel for the petitioner,
submitted that the order of final assessment dated 28.9.2010
communicated to the petitioner vide letter no. 1127 EEE/S/Adityapur
dated 5.10.2010 has been passed without considering the petitioner’s
case and the objection to the provisional assessment, and without
giving reasons.

Mr. Rajan Raj, learned counsel for the Board, supported
the impugned order and submitted that petitioner signed on
inspection report, which was found to be correct by the Assessing
Officer as there was no sufficient documents produced by the
petitioner in support of its contention.

In reply, Mr. Agarwal submitted that even after signing
the inspection report, petitioner is permitted under the law to file
objection to the provisional assessment. He further submitted that
the load is mentioned on the machines themselves which could be
verified/ checked by the respondents and/or their experts.

It appears from the impugned order that no reasons have
been assigned while rejecting the contentions of the petitioner. It is
simply said that the inspection report is correct because there is no
documents produced by the petitioner and the documents produced
are not satisfactory. Such order cannot be upheld by this Court. In the
circumstances, the same is set aside and the matter is remitted back
to the Assessing Officer-Electrical Executive Engineer, Electric Supply
Division, Adityapur ( respondent no. 4), who will pass a reasoned
order after giving opportunity of hearing to the parties and in
accordance with law, as early as possible and preferably within 30
days from the date of receipt/production of a copy of this order. The
parties will co-operate in early disposal of the matter.

It is made clear that this Court has not gone into the
merits of the respective cases of the parties.

With these observations and directions, this writ petition
is disposed of.

Let a copy of this order be given to Mr. Rajan Raj, as
prayed.

( R.K. Merathia, J)
Rakesh/