WP(C) 155/2010 BEFORE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr S. Chamaria, learned counsel for the petitioner and Mr BD Das, learned counsel for the Assam Power Distribution Company Ltd. As agreed to by learned counsel for the parties, the writ petition is ta ken up for disposal at the order stage itself. The petitioner by the present petition has challenged the Notices dated 13.1.2009 and 24.11.2009 issued by the authorized officer of the Company under t he provisions of Section 56(1) of the Indian Electricity Act, 2003 for disconnec tion of electricity to the petitioner’s premises for non-payment of electricity charges. According to petitioner, though disputing the electricity charges levie d an appeal was filed before the appellate authority and the 50% of the amount o f the electricity charges claimed by the Company by the disputed bill was paid i n terms of the directions contained in the communication dated 8.8.2009 issued b y the Senior Manager, Nalbari Electrical Division, Nablari, the same has not bee n considered till date and yet, another disconnection Notice was issued on 24.11 .2009 for non-payment of a sum of Rs.44,367/-(Rupees fourth four thousand three hundred and sixty seven only). Mr BD Das, learned counsel for the Company, on the other hand, has submi tted that though in the communication dated 8.8.2009 the Senior Manager, Nalbari Electrical Division, Nablari did mention the filing of an appeal by the petitio ner, the same in fact is not an appeal but is a part of the process for assessme nt of electrical dues payable by the petitioner. According to learned counsel, s uch application was rejected vide order dated 3.11.2009 after hearing the petiti oner, and the said order is appellable before the designated appellate authority . Learned counsel further submits that Sri S. Ahmed, an official of the Company, was designated as the appellate authority by the Government of Assam under the provisions of the Indian Electricity Act, 2003 and petitioner may file appropria te appeal before him against the decision of the Senior Manager, Nalbari Electri cal Division, Nablari dated 3.11.2009. In reply to the above submission of the learned counsel for the Company, learned counsel for the petitioner submits that the said appellate authority ma y be directed to consider the appeal on merit without any insistence for further deposit, because the petitioner already deposited 50% of Rs.66,768/- (Rupees si xty six thousand seven hundred and sixty eight only) in pursuance of the communi cation dated 8.8.2009 issued by the Senior Manager, Nalbari Electrical Division, Nablari, apart from 50% of Rs.44,367/-(Rupees fourty four thousand three hundre d and sixty seven only), for non-payment of which the notice of disconnection da ted 24.11.2009 was issued, as per the order passed by the Court on 22.1.2010 Lea rned counsel for the petitioner further submits that the Company may also be dir ected to accept the current bill(s) raised for consumption of electricity. Since the proceedings for assessment of the electricity charges was fina lized by the order dated 3.11.2009 passed by the Senior Manager, Nalbari Electri cal Division, Nablari, the petitioner may, within 4(four) weeks, approach the af oresaid designated appellate authority by way of an appeal together with an appl ication seeking condonation of delay along with a certified copy of this order, and in case such an appeal is filed, the appellate authority shall condone the d elay and hear the appeal on merit. The appellate authority, in view of the depos it of 50% of Rs.66,768/- and Rs.44,367/- by the petitioner before the Company, s hall not insist for further deposit. Till disposal of the appeal, the Company sh all not insist for deposit of the remaining amount. The petitioner shall, howeve r, continue to pay the current electricity charges as per the bill(s) raised by the Company. The Company shall accept the current bills. The aforesaid appeal is directed to be disposed of within a period of three months from the date of its submission. Writ petition accordingly stands disposed. No costs.