SURYAKANT Vs. SECTION OFFICER

JUDGEMENT

(1.) Sri.Jidage Kailash.C., learned counsel for the petitioner and Sri.Ravindra Reddy., learned counsel for the respondents have appeared in person.

(2.) The brief facts are these: It is stated that the petitioner is running a quarry business in land bearing Sy.No.69/3 situated at Village Kadaboor, Taluk Chittapur. He had got an electric connection to the said quarry business vide Meter No.KDP27220 dtd. 6/11/2013 for 34 H.P. The said meter was working properly earlier, later it was found defective. The petitioner had given information to the Meter reader, who after inspecting the same had admitted that the meter is defective. It was also informed to the Sec. Officer, Nalwar and he too opined that the meter is defective. As things stood thus, the petitioner gave representative to A.E.E, Shahabad. It is said that A.E.E visited the spot and inspected the meter and he too opined that the meter is defective and informed to change the meter. The petitioner as per their directions, purchased a new meter for Rs.2,999.90 (Rupees Two Thousand Nine Hundred Ninety Nine and Ninety paise only) on 27/10/2014. The respondents installed the said meter to the petitioner's query. It is averred that from the date of the initial connection till the replacement, the respondents have not issued any single bill to the petitioner. The petitioner to avoid future complications, paid a sum of Rs.20,000.00 (Rupees Twenty Thousand only) on 31/3/2014 and another Rs.20,000.00 (Rupees Twenty Thousand only) on 2/6/2014, totally an amount of Rs.40,000.00 (Rupees Forty Thousand only). After replacing the new meter, the first respondent issued a notice to the petitioner directing him to pay a sum of Rs.2,39,980.00 (Rupees Two Lakh Thirty Nine Thousand Nine Hundred and Eighty only). Aggrieved by the said notice, the petitioner preferred an appeal before the third respondent by depositing a sum of Rs.1,20,000.00 (Rupees One Lakh Twenty Thousand only) on 12/1/2015. However, the third respondent without hearing the petitioner and without giving any notice to the petitioner directed him to deposit a sum of Rs.3,69,118.00 (Rupees Three Lakh Sixty Nine Thousand One Hundred and Eighteen only) on 21/3/2016. Aggrieved by the said order, the petitioner was constrained to file a Writ Petition before this Court in W.P.No.203756/2016 and this Court set aside the said notice vide order dtd.:16/12/2016 and directed the third respondent to decide the appeal by hearing the petitioner as expeditiously as possible. After the disposal of the Writ Petition, the petitioner gave a representation to the third respondent requesting to pass appropriate order as per the orders passed by this Court. Despite the direction, the third respondent has not passed any order, but in turn, proceeded to issue an electrical dis-connection panchanama on 12/9/2017. This disconnection order is called into question in this Writ Petition on several grounds as set out in the Memorandum of Writ Petition.

(3.) Learned counsel for the petitioner and respondents have urged several contentions.