MADHYA PRADESH ELECTRICITY BOARD Vs. BASANTIBAI

JUDGEMENT

(1.) This appeal on special leave is directed against the judgment and order passed by the High Court of Madhya Pradesh on 20-9-1984 in Civil Misc. Petn. No. 307 of 1983 allowing the writ petition and directing the respondents to reconnect and restore the electric supply by installing another meter.

(2.) The petitioner is a proprietor of Santosh Industries DII BC, Sector, Sanwar Road, Indore and she obtained service connection No. 192352 of 30 H.P. load for running the oil mill. The Madhya Pradesh Electricity Board, the appellant No. 1, who is the licensee installed a meter with three phases for ascertaining the amount of energy supplied and consumed by the petitioner under the aforesaid service connection. On February 18, 1983 the meter was burnt and this was brought to the notice of respondent No. 4, an Assistant Engineer of the Zone wherein the petitioner's industry is situated. On March 1, 1983 the petitioner was directed to deposit a sum of Rs. 433/- as price of the meter and Rs. 44/- for meter connection charges.

(3.) The sum was deposited on the same day but no meter was installed and the electric supply connection was not restored. A letter was sent by the petitioner to the respondent No. 1 requesting to restore the electric supply by installation of another meter. The State Electricity Board sent a letter dated 4-3-1983 calling upon the petitioner to pay a sum of Rs. 12346.10 as per the supplementary bill dated 2-3-1983 sent along with said letter failing which the supply will be disconnected without notice. The basis of the supplementary bill was that the meter was not recording actual energy supplied and consumed as it was found that one phase out of the three phases was not working and the meter was running two phases only.