SSK/ 1 WP/8239.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8239 OF 2009 Mohammad Anees Kitabullah Khan ....Petitioner Versus The Maharashtra State Electricity Distribution Co. Ltd. & Anr. ...Respondents Mr. Pankaj J. Das, Advocate for the petitioner. Mrs. A.R.S.Baxi for respondents. CORAM : RANJIT MORE, J. DATED : 12th SEPTEMBER, 2011. P.C.: The main grievance of the petitioner is that the objection dated 14th August, 2006 under Section 126 (3) of the Electricity Act, 2003 is rejected by the Executive Engineer, M. S. Electricity Dist.Co.Ltd., O & M Division, Mulund by Order dated 28th September, 2006 without giving him an opportunity of being heard. This order came to be challenged by the petitioner by filing an appeal before the Appellate Authority under Section 127 of the Electricity Act, 2003. However, the said appeal was dismissed as not maintainable. 2. Mrs. Baxi, learned counsel for the respondents after taking instructions from respondent no.1, makes a statement that the Executive SSK/ 2 WP/8239.09 Engineer, M. S. Electricity Dist.Co.Ltd., O & M Division, Mulund is ready and willing to decide the petitioner’s objection dated 14th August, 2006 under Section 126 (3) of the said Act, after giving the petitioner an opportunity of hearing. The statement is accepted. In view of the statement, the grievance of the petitioner made in the writ petition, no more survives. Therefore, in the above circumstances, the petition is disposed of by passing the following order : 1. The petitioner shall approach the Executive Engineer, M. S. Electricity Dist.Co.Ltd., O & M Division, Mulund on 26th September, 2011 at 11.00 a.m. along with copy of objection dated 14th August, 2006. 2. The Executive Engineer, M. S. Electricity Dist.Co.Ltd., O & M Division, Mulund, shall decide the petitioner’s objection dated 14th August, 2006 in accordance with law as expeditiously as possible and preferably within a period of four weeks from 26th September, 2011. In the light of the above order, the petition is disposed of. (RANJIT MORE, J.)