The High Court of Bombay dismissed the writ petition challenging the assessment order and inspection report issued by the Electricity Supply Authority. The court observed that an alternate remedy of appeal under the Electricity Act was available and a civil suit was pending, leading to the dismissal.
The writ petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 903.wp-l-1551-11
I N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
jmi
WRIT PETITION (L) NO. 1551 OF 2011.
Sabira Yusuf Chunawala.
..Petitioner.
vs.
The State of Maharashtra & Ors.
..Respondents.
Ms. Zulekha Sayed, for Petitioner. Mr. Dave, i/b. Dave & Co., for Respondent Nos. 2 & 3. Ms. Madhulata Kajle, AGP, for Respondent No.1.
CORAM : S.J. KATHAWALLA, J. DATE : 11 TH NOVEMBER 2011.
P.C. :
By this Writ Petition, the Petitioner has impugned the assessment order dated 15th February 2010 and the Inspection Report dated 28th October 2009 issued by the Assessing Officer of the Respondent No. 2.
[ S.J. KATHAWALLA, J. ]
2 issues framed by the court
Whether the writ petition challenging the assessment order and inspection report under the Electricity Act, 2003, should be allowed in view of the alternate remedy of appeal.
Whether the pendency of a civil suit impugning the same orders precludes the Supreme Court's jurisdiction to entertain the writ petition.
Sabira Yusuf Chunawala
The State of Maharashtra
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
