1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 203 OF 2009 IN WRIT PETITION NO. 3365 OF 2009 Ashok Milk Processing and Allied Industried Ltd. Pravaranagar .. .. Appellant Versus The Mula Pravara Electric Co-op. Society Ltd. through M.D. .. .. Respondent Shri Pradip R. Patil, Advocate for the Appellant. Shri V. D. Hon, Advocate for the Respondent. WITH WRIT PETITION NO. 3365 OF 2009 The Mula Pravara Electric Co-op. Society Ltd. through M.D. .. .. Petitioner Versus Ashok Milk Processing and Allied Industried Ltd. Pravaranagar .. .. Respondent Shri V. D. Hon, Advocate for the Petitioner. Shri Pradip R. Patil, Advocate for the Respondent. CORAM : A. P. DESHPANDE & N. D. DESHPANDE, JJ. DATE : 20TH JANUARY, 2010. 2 ORAL ORDER [ PER A. P. DESHPANDE, J. ] : 1. This Letters Patent Appeal questions the correctness of an interlocutory order passed by the learned Single Judge while admitting the Writ Petition. The respondent herein Mula Pravara Electric Co-operative Society served an order of provisional assessment on the present appellant under Section 126(2) of the Indian Electricity Act 2003. The grievance of the present appellant is that the appellant was entitled to file objection against the provisional assessment before the Assessing Officer and the Assessing Officer in turn is obliged to afford reasonable opportunity of hearing to present appellant and, thereafter, pass final order of assessment within the stipulated time frame. 2. It is reiterated that according to the appellant, the procedure prescribed in Sub Section (3) of Section 126 of the Indian Electricity Act was not adhered to by the present respondent. In these facts and circumstances, the learned counsels appearing for the respective parties are in agreement that the Writ Petition, so also the Letters Patent Appeal be disposed of without adjudicating the issues touching the merit and the present appellant be permitted to raise objections to the provisional assessment before the Assessing Officer. It is also agreed that touching the said objections, the appellant shall be granted an opportunity of hearing as contemplated under Section 126 of the Indian Electricity Act and, thereafter the Assessing Officer shall pass an order in accordance with law. 3. Hence on concession made available by the learned counsel for 3 the respective parties, we dispose of the Letters Patent Appeal, so also Writ Petition No. 3365/2009 by setting aside the impugned order passed in Writ Petition. The appellant shall file the objections before the Assessing Officer within a period of four weeks from today. The Assessing Officer shall afford an opportunity of hearing to the appellant touching the objections so raised and after affording an opportunity of hearing pass an order in accordance with law. The Letters Patent Appeal, so also Writ Petition disposed of. Needless to mention that the order passed by the Appellate Authority, so also order of final assessment stands quashed and set aside. [ N. D. DESHPANDE, J.] [ A. P. DESHPANDE, J.] bsb/Jan. 2010