GOPINATH NAYAK S/O THIMMAPPAYYA NAYAK Vs. THE SECTION OFFICER, THE EXECUTIVE ENGINEER (ELE.), KARNATAKA ELECTRICITY BOARD AND THE KARNATAKA ELECTRICITY BOARD REP BY THE CHAIRMAN

JUDGEMENT

(1.) THIS second appeal is disposed of finally after hearing learned Counsel for the parties.

(2.) THE appellant was the plaintiff in the trial court and suit was filed by the appellant for declaration and permanent injunction against the defendant Karnataka Electricity Board and his prayer in the suit was for declaration that he has right to continue the classification as LT.5 and is liable to pay Rs. 1.30 per unit except the enhanced rate by the Government and also for the relief of permanent injunction restraining the defendants from collecting the enhanced amount or changing the classification and increasing the rate and to restrain the defendants from disconnecting the electricity supply to the plaintiffs industry bearing R.R. No. P.1300.

(3.) ON the other hand, the defendants took up the contention that there was a wrong calculation of the electricity consumption charges and instead of classifying as LT.3, it was wrongly mentioned as LT.5 and therefore the suit of the plaintiff was not maintainable having regard to the appeal provisions provided as per the Regulation No. 30 -08(d) and Regulations 46.01 of Karnataka Electricity Supply Regulations.