2025:HHC:30244 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA LPA No.602 of 2025 Decided on: 04.09.2025 __________________________________________________________ M/s Kunal Stone Crusher ….Appellant Versus Himachal Pradesh State ...Respondents Electricity Board Limited & Anr. Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?. For the appellant: Mr. Vishal Mohan, Senior Advocate with Mr. Shriyek Sharda, Advocate. For the respondents: Ms. Sunita Sharma, Senior Advocate with Mr. Dhananjay Sharma, Mr. Vijay Kumar & Ms. Sugandh Verma, Advocates. G.S. Sandhawalia, Chief Justice [Oral] The challenge in the present Letters Patent Appeal is to the judgment dated 12.08.2025 passed by the learned Single Judge in CWP No.13004 of 2025, titled M/s Kunal Stone Crusher v. Himachal Pradesh State Electricity Board Limited and another, whereby the writ petition was dismissed, relegating the petitioner to his alternative remedy under Section 127 of the Indian Electricity Act, 2003. The learned Single Judge found 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:30244 - 2 - that there is a statutory remedy available against the final assessment order passed under Section 126 of the Indian Electricity Act, 2003, and therefore relegated the present petitioner on the ground that it could not be said that the authority lacked jurisdiction, as such, and also noticing the fact that time had been given to the petitioner to file reply, which finds mention in the final assessment order dated 28.07.2025 [Annexure P-6], which was subject matter of consideration before the learned Single Judge. 2. Apparently, the order was passed keeping in view the fact that the provisional assessment notice and objections had been called for on 28.06.2025 [Annexure P-3]. The petitioner had not opted to file reply on 08.07.2025 [Annexure P-4] and prayed for 30 days’ time to file response, keeping in view the fact that the data supplied to it was derived from comprehensive data analysis involving highly technical terminology, requiring specialized skill to study, summarize and file objections to the lengthy scribed figures against the provisional estimate of Rs.11,99,692/- made on account of unauthorized use of electricity. 2025:HHC:30244 - 3 - 3. Apparently, even thereafter, the appellant was put to notice and called for personal hearing on 15.07.2025 but no written objections were submitted, constraining the authorities to pass the order dated 28.07.2025 within the prescribed period of 30 days from the date of service of the provisional assessment, as provided under Section 126 (3) of the Indian Electricity Act, 2003. In such circumstances, we are of the considered opinion that relegating the petitioner to the alternative remedy under Section 127 of the Indian Electricity Act, 2003, which provides for an appeal to the Appellate Authority within 30 days of the said order in the manner prescribed, does not suffer from any want of jurisdiction. 4. It is settled principle that the writ Court will not exercise its power under Article 226 of the Constitution of India when there is a statutory remedy available, as laid down by the Apex Court in United Bank of India v. Satyawati Tondon & Ors., 2010 (8) SCC 110, and consistently followed thereafter. It is only in cases where principles of natural justice are violated or there is lack of jurisdiction, that the writ Court may 2025:HHC:30244 - 4 - issue concrete directions in preference to the statutory remedy. Counsel has failed to convince us on that aspect. We are thus of the considered opinion that the order passed by the learned Single Jude does not suffer from any infirmity. 5. Keeping in view the fact that the matter was pending before this Court, if the petitioner prefers an appeal within 30 days from today, the matter shall be considered on merits rather than being treated as barred by limitation. 6. In view of the above, the present appeal stands disposed of along with pending miscellaneous application(s), if any. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge September 04, 2025 [Shivender/Himani]