1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 784 OF 2007 Sanat Kumar Shukla vs. Superintending Engineer & Anr. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. S/Shri C.R. & S.C. Khati, Advocate for the petitioner. Shri R.K. Deshpande, Advocate for the respondents. CORAM : BILAL NAZKI AND B.P. DHARMADHIKARI, JJ. MARCH 28, 2008. Heard learned counsel for the parties. The grievance of the petitioner is that the final assessment has been made against the petitioner by the respondents without giving him a notice. He further submitted that he has filed an appeal under Clause 31-E of the Regulations against the final assessment order. The learned standing counsel appearing for the respondents was directed to get instructions as to the status of the appeal. He contends that no order on the appeal against the final assessment has been passed. He also informed that the petitioner after final assessment approached the Consumer Forum and his claim was rejected by the Consumer 2 forum. The learned counsel for the petitioner has drawn our attention to Annexure B, which is a letter written to the petitioner on 20.11.2003 by Superintending Engineer, MSEB, Nagpur. This letter refers as subject, appeal against assessment of provisional bill alleging theft of energy. It also gives reference to the petitioner's appeal dated 16.9.2003. It appears that the assessment has been made in July 2003 and the appeal has been preferred on 16.9.2003 against the final assessment. No explanation has been given by the petitioner to the letter, which is filed at Annexure-B. Therefore, we presume that the appeal was preferred by the petitioner on 16.9.2003, which is yet to be decided. Therefore, considering the facts of this case, we feel that appeal which has been filed by the petitioner should be decided on merits by the Superintending Engineer. We, therefore, dispose of the present petition by directing the Superintending Engineer, MSEB, Nagpur, to dispose of the appeal of the petitioner in accordance with law, within a period of four weeks. JUDGE JUDGE *GS.