WP(C) 6463/2003 BEFORE HON’BLE MR JUSTICE B P KATAKEY Heard Mr N Dhar, learned counsel for the petitioner and Mr D Bhattacharjee, lear ned Standing Counsel for the Assam State Electricity Board (ASEB) appearing for the respondents. The petitioner has challenged the notice dated 25th November 2002 issued by the Authorised Officer of ASEB for removal of the service line provided to h is premises, for not paying an amount of Rs.67,818.96(Rupees sixty seven thousan d eight hundred eighteen and paise ninety six) only due and payable for the elec tricity consumed by the petitioner, which line was temporarily disconnected on 9 .4.2002. Learned counsel for the petitioner submitted that though the petitioner, up to 6.11.2000, had cleared all the bills as raised by the ASEB, a subsequent bill was served on 5.7.2001 for Rs.31,930/-(rupees thirty one thousand nine hun dred thirty) only for the period from 1.9.1998 to 25.5.2001 without adjusting th e amount already paid up to 6.11.2000 in pursuance of the bills raised by the AS EB, apart from few other bills raised thereafter, for which though a dispute was raised by him, without resolving it the electricity line was temporarily discon nected on 9.4.2002 and the impugned notice had thereafter been issued. Learned counsel for the petitioner submits that without resolving such d ispute, permanent disconnection notice could not have been issued and that in pu rsuance of the interim order dated 27th February 2004 passed in this proceeding the petitioner paid a sum of Rs.40,000/- (rupees fourty thousand) and electricit y connection was restored and since then the petitioner has been paying the elec tricity bills. Learned counsel for the petitioner submits that this petition may be disposed of directing the ASEB to decide the dispute raised by the petitione r. Learned standing counsel for the ASEB submits that the dispute raised by the petitioner can be resolved by the assessing officer under Section 126 of th e Indian Electricity Act, 2003, after hearing the petitioner and that if the pet itioner feels aggrieved by any order that may be passed by the assessing authori ty a further appeal lies before the appellate authority under Section 127 of the said Act. Since the electricity connection to the petitioner’s premises has alread y been restored following the interim order dated 27th February 2004 passed in t his proceeding, keeping in view of the provisions contained in Section 126 of th e Indian Electricity Act, 2003, the present petition is disposed of directing th e assessing authority to hear the petitioner on his objections to the electricit y bills so far raised. The petitioner would be at liberty to file a further deta iled objection to such bills within a period of 4(four) weeks. The authority, wi thin one month thereafter, shall pass necessary order after hearing all concerne d. If the petitioner feels aggrieved by any order that may be passed by the asse ssing authority, it will be open to him to approach the appellate authority unde r Section 127 of the Act. Till such assessment is done by the assessing authorit y, the petitioner would continue to pay the current electricity charges so raise d by the ASEB from time to time and in that event the electricity connection in the petitioner’s premises shall not be interfered with by the ASEB. The writ petition is accordingly disposed of. No costs.