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2014 (11) TMI 1256 - HC - Indian LawsRecovery of electricity charges - arguments advanced by respondent is that on one hand petitioner has not installed any meter to record consumption in auxiliaries but at the same time has claimed that for computation of auxiliaries consumption the total load of 462 KW should be taken into consideration although part of this load was also being used in sugar manufacturing process by the petitioner - HELD THAT:- The factual controversy on record seems to involve mixed question of fact and law. Power of appellate Court or the Civil Court is much wider than the power of this Court available under Article 226/227 of the Constitution of India in DWARKA PRASAD AGARWAL (D) BY LRS. AND ANR. VERSUS BD. AGARWAL, RAMESH CHANDRA AGARWAL AND ORS. [2003 (7) TMI 481 - SUPREME COURT] and DIPAK CHANDRA RUHIDAS VERSUS CHANDAN KUMAR SARKAR [2003 (7) TMI 691 - SUPREME COURT]. It shall not be possible for this Court while exercising power conferred by Article 226 of the Constitution of India to resolve the factual controversy on record. Whether the assessment order has been passed imposing duty is based on correct appreciation of facts and material on record or not is a disputed question of fact. Further whether petitioner has installed meter or it was possible to find out the actual consumption by the auxiliaries is also a disputed question of fact. Appellate authority has got wider power then this Court to enter into factual controversy on record and also to decide question of fact and law - It is well-settled proposition of law that where mixed question of fact and law are involved ordinarily this Court should refer the matter to statutory authority. The petitioner to prefer an appeal within a month from today before the appellate authority under Rule 13A of the U.P. Electricity Duty Rules 1952 - Petition disposed off.
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