IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.16021 of 2007 Date of decision: February 2, 2009. Sham Mohan Sharma ...Petitioner(s) v. Punjab State Electricity Board & Ors. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri Manu Bhandari, Advocate for the petitioner. Ms. Bhawna Gupta, Advocate, for the respondents. ORDER Surya Kant, J. - (Oral): The petitioner seeks quashing of the order dated 27.9.2007 (Annexure P-12) whereby, in purported exercise of his powers under Section 126 of the Electricity Act, 2003, the Assistant Executive Engineer, Operation Sub Division, PSEB at Phillaur has asked him to pay a sum of Rs.3,98,407/- towards the alleged theft of electricity. While issuing notice of motion, a Division Bench of this Court vide order dated 12.10.2007 directed to restore the electricity connection to the petitioner's premises within 48 hours subject to deposit of 70% tariff by him, as demanded by the respondents. It is not in dispute that the petitioner has deposited 70% of the demand tariff and electricity connection has been restored. Learned Counsel for the Respondents has pointed out that vide notification dated July 27, 2007 published in the Punjab Govt. Gazette, the Superintending Engineer (Distribution) has been notified as the Designated Authority before whom the assessment order made on account of the alleged theft, can be challenged in appeal in terms of Clause 37.2(c)(i) of the Regulations. In view of the availability of the above mentioned alternative remedy, this writ petition is disposed of with liberty to the petitioner to file the appeal before the designated Appellate Authority, referred to above, within a period of two weeks from today and in that event no objection regarding limitation shall be taken. The appellate authority is directed to decide the appeal in accordance with law within a period of three months from date of its filing. Till the decision of the appeal, the interim order dated 12.10.2007 passed by this Court shall continue to operate. No costs. February 02, 2009. [ Surya Kant ] kadyan Judge