Nikhilesh Mohan Bhagat vs the Valuation Officer Executive Engineer Flying Squard and Ors. — Bombay HC (2026) — LawSathi Research

Nikhilesh Mohan Bhagat vs the Valuation Officer Executive Engineer Flying Squard and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Both captioned Petitions finally disposed of: impugned orders set aside; Appeals revived; meeting fixed before the Appellate Authority on February 6, 2026 at 12:00 noon for scheduling instructions; Appellate Authority directed to give the Petitioner an opportunity of being heard on his Appeal; all actions to be taken upon receipt of a downloaded copy from the Court's website.

Issue for consideration

Whether, in the appeals under Section 127 of the Electricity Act, 2003 before the Appellate Authority, the Petitioner was given notice of the final hearing scheduled for April 1, 2024 (five months after hearings on May 8, 2023 and October 30, 2023), and whether the consequent closure for orders without such notice warranted setting aside the impugned orders and reviving the Appeals. +1 more

Court's answer

There is nothing on record to evidence that notice of the hearing scheduled for April 1, 2024 was given to the Petitioner.

Ratio / Principle

The Respondent's reply does not demonstrate that the Petitioner was actually given notice of the opportunity of being heard on April 1, 2024, when the matter was closed for orders; notices for the earlier hearings form part of the record but there is none for the purported final hearing.

Key takeaways

Having made the requisite pre-deposit for pursuit of the Appeals, the Petitioner is entitled to a full due process; it is appropriate to revive the Appeals and permit the Petitioner to address the Appellate Authority on the contentions made in his Appeal so that the merits can be considered with the Petitioner getting a full opportunity of being heard.ratio¶21
A meeting is hereby fixed before the Appellate Authority on February 6, 2026 at 12:00 noon, at which time any scheduling instructions may be given to the Petitioner to enable the final hearing of the Appeal.ratio¶22
The impugned orders are hereby set aside with directions that the Appellate Authority give the Petitioner an opportunity of being heard on his Appeal.

Detailed headnote1 paragraphs

Writ Petition Nos. 9727 and 8028 of 2024 (Nikhilesh Mohan Bhagat v. The Valuation Officer Executive Engineer Flying Squad & Ors.), High Court of Judicature at Bombay (Civil Appellate Jurisdiction), Somasekhar Sundaresan, J., decision dated January 29, 2026 - Appeals under Section 127 of the Electricity Act, 2003: Petitioner was heard on May 8, 2023 and October 30, 2023; a final hearing said to have been scheduled five months later on April 1, 2024 proceeded to closure for orders without the Petitioner's knowledge. Nothing on record evidenced notice of that purported final hearing, notices existing for the earlier hearings but none for it, and the Respondent's reply did not demonstrate actual notice. The Petitioner had made the requisite pre-deposit and was held entitled to a full due process. The Court revived the Appeals, fixed a meeting before the Appellate Authority on February 6, 2026 at 12:00 noon for scheduling instructions, set aside the impugned orders, and directed the Appellate Authority to give the Petitioner an opportunity of being heard on his Appeal; both Petitions were finally disposed of in these terms, with all actions to be taken upon receipt of a downloaded copy from the Court's website.

25-WP-9727-2024+.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 9727 OF 2024 WITH

WRIT PETITION NO. 8028 OF 2024

Nikhilesh Mohan Bhagat …Petitioner

Versus

The Valuation Officer Executive Engineer Flying Squad, & Ors

…Respondents

Appearance not received for the Petitioner. Mr. Dheer Sampat, i/b MV Kini & Co., for Respondent Nos.1 & 2. Dr. Dhruti Kapadia, AGP for Respondent-State.

CORAM : SOMASEKHAR SUNDARESAN, J. DATE : JANUARY 29, 2026

ORDER :

A short issue that arises in both the captioned Petitions is that , in the course of hearing of an Appeal under Section 127 of the Electricity Act, 2003 (“ the Act”) , the Petitioner was heard on two occasions, namely, May 8, 2023 and October 30, 2023, but thereafter, a final hearing said to have been scheduled five months later on April 1, 2024 was not to the knowledge of the Petitioner.

ASHWINI JANARDAN VALLAKATI

Digitally signed by ASHWINI JANARDAN VALLAKATI Date: 2026.02.02 12:18:49 +0530

There is nothing on record to evidence a notice of the hearing scheduled for April 1, 2024 having been given to the Petitioner. The

Page 1 of 3

January 29, 2026

Ashwini Vallakati

25-WP-9727-2024+.doc

Respondent has filed a reply to the Petitioner , but it does not demonstrate that the Petitioner was actually given notice of an opportunity of being heard on April 1, 2024, when the matter was closed for orders, and that too five months after the last hearing. Notices for the earlier hearings form part of the record but there is none for the purported final hearing.

The Petitioner has made the requisite pre-deposit for pursuit of the Appeals and is entitled to a full due process for it to be properly considered. In these circumstances, it would be appropriate to revive the Appeals and permit the Petitioner to address the Appellate Authority on the contentions made by him in his Appeal so that, the merits of what he had to say could be considered with the Petitioner getting a full opportunity of being heard.

Given the sheer efflux of time, a meeting is hereby fixed before the Appellate Authority on February 6, 2026 at 12:00 noon , at which time any scheduling instructions may be given to the Petitioner to enable the final hearing of the Appeal. The impugned orders are hereby set aside with the aforesaid directions, directing the Appellate Authority to give the Petitioner an opportunity of being heard on his Appeal.

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January 29, 2026

Ashwini Vallakati

25-WP-9727-2024+.doc

Both the captioned Petitions are finally disposed of in the

aforesaid terms.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court’s website.

[ SOMASEKHAR SUNDARESAN, J.]

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January 29, 2026

Ashwini Vallakati