SHREEJEE PLASTICS Vs. KARNATAKA ELECTRICITY BOARD

JUDGEMENT

(1.) - In this group of writ appeals a common question is posed for our consideration namely, whether, the Karnataka Electricity Board functioning under the provisions of the Electricity Supply Act 1948 and the Karnataka Electricity Board Electricity Supply Regulations 1988 is required to follow the modicum of enquiry and for that purpose to hear the consumer of electricity when it is alleged that the consumer or his agent or servant has committed or was, committing an offence in terms of Ss. 39, 44 or any other provisions of the Act or the regulations and especially when the consumer is alleged to have indulged in dishonest abstraction, use, consumption of Electricity or interference with the metering Equipment or Accessories and whether in such a case the Board can estimate the value of electricity thus abstracted, used or diverted without hearing the consumer and only remedy available to the consumer is to prefer an appeal under the relevant regulations against such an order of Board's authorised officer?

(2.) A few relevant facts leading to these proceedings need be noted at the outset to highlight the nature of the controversy posed for our consideration.

(3.) The appellants are the consumers of Electricity in this State and they are maintaining meters at their respective places where electricity connection is given by the Board and the meters are sealed by the Board as per the Rules and Regulations, governing the supply of such electricity to the consumers.