2025:HHC:9876 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 3022 of 2024 Decided on : 09.04.2025 Assessing Officer-Cum-Addl. Superintending Engineer (Electrical Division), Himachal Pradesh State Electricity Board. …Petitioner Versus M/s Sunoxx International Village and post office, Panjehra. …Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Ms. Sunita Sharma, Senior Advocate, with Ms. Sugandh Verma, Advocate. For the respondent : Mr. Shrawan Dogra, Senior Advocate, with Mr. Manik Sethi, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following relief:- “The Writ in the nature of Certiorari may kindly be issued by quashing and setting aside the impugned order dated 11.01.2023, Annexure P-10, passed by the Divisional Commissioner cum Appellate Authority Shimla, 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:9876 and the respondents may very kindly be directed to pay the disputed electricity charges on account of unauthorised use.” 2. An objection has been taken with regard to the maintainability of the writ petition on behalf of the respondent. 3. Learned Senior Counsel appearing for the respondent submitted that the order which was appealed against by the respondent successfully, was an order passed by the Assessing Officer. As the appeal of the respondent was accepted by the Appellate Authority, the order of the Assessing Officer has now merged in the appellate order. Learned Senior Counsel thus submitted that as the order was passed by the Assessing Officer in his capacity as a quasi-Judicial Officer, he cannot agitate the order passed by the Appellate Authority, by assailing the same, as a petitioner. 4. Learned Senior Counsel for the petitioner submitted that because Assessing Officer was impleaded as the respondent in the appeal, that was filed by the respondent herein, therefore, Electricity Board had no option but to approach this Court by using the same memo of parties, as was there before the learned appellate Fora, for the reason that 3 2025:HHC:9876 otherwise, the Registry of this Court would have raised objection with regard to the memo of parties. 5. Having heard learned Senior Counsel for the parties, this Court is of the considered view that as Assessing Officer of the Electricity Board has exercised statutory powers conferred upon him under Section 126 of the Electricity Act, 2003, which culminated into an order, which was successfully assailed by the respondent herein, order passed wherein has resulted in the filing of this writ petition, filing of the same by Assessing Officer, may not be sustainable in law. 6. At this stage, learned Senior Counsel for the petitioner prays for and is permitted to withdraw the petition, with liberty to the H.P. State Electricity Board, to assail the impugned order, by filing a fresh writ petition through competent authorized Officer. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge April 09, 2025 (Shivank Thakur)