K.S. JAYARAMU Vs. CHAMUNDESHWARI ELECTRICITY SUPPLY

JUDGEMENT

(1.) The Power supply agreement was entered into between the petitioner and 2nd respondent for supplying power to High Tension/Extra High Tension Electrical Energy installation for running crushing operation. The said agreement was terminated on the ground that the petitioner was in arrears of consumption charges. Taking exception to the same, this petition is filed.

(2.) The learned counsel appearing for the petitioner submits that the agreement was terminated without issuing three months prior notice to the petitioner as specified under regulation 32.07 of the supply code of KERC Conditions of Supply of Electricity Distribution Licences in the State of Karnataka. He further submits that the Executive Engineer is the competent authority to execute the power supply agreement and also is the authority to terminate the agreement. However, in the present case, the Assistant Engineer who is not the competent authority has terminated the agreement and the same is without authority of law.

(3.) On the other hand, learned counsel appearing for the respondents submit that the petitioner having not paid the arrears of consumption charges, the respondent No.3 has rightly terminated the agreement and the same does not warrant any interference.