S R ANIL KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner, assailing the correctness of the order dated 13th September 2001 bearing No. AEE (E) Ch. Puram/5114-16 passed by third respondent vide Annexure-G and demand notice dated 16th october 2001 bearing No. AEE (E) / Ch. Puram/5795-98 vide Annexure-G1, has presented the instant writ petition.

(2.) THE grievance of the petitioner in the instant writ petition is that, petitioner is the owner of the "village Health Club" formed in Sy. No. 106, nanjangud Road, Mysore. Petitioner has filed the necessary application seeking electricity supply to his installation. Accordingly, the second respondent has serviced the installation of the premises of the petitioner through the Meter bearing No. A-14535 and connected a load of 28. 4 KW to the Installation of the petitioner. Thereafter, petitioner has filed one more application for sanction and connection of additional load of 45 KW vide his application dated 14th September 1995. The said reqest of the petitioner was also considered and an additional load of 45 KW was sanctioned on 17th March 1997 and the service was effected from 21st march 1997 as per the conditions incorporated in the intimation dated 17th March 1997 and that, thereafter, petitioner has been regularly paying the electricity bill.

(3.) WHEN things stood thus, the Vigilance Squad of the respondents-Company have made the spot inspection on 27th January 1999 and during the said inspection, they found that, by mistake or inadvertence, they have sanctioned and connected the additional load without collecting the augmentation charges from the petitioner. The said fact has been pointed out by Vigilance Squad of the respondents- Company and the same has been intimated to the concerned Jurisdictional Officer-the third respondent herein. Accordingly, the Jurisdictional Officer-third respondent has communicated, calling pon the petitioner to pay the augmentation charges of Rs. 1,12,500/- vide their order dated 20th March 1999. Assailing the correctness of the said order, petitioner filed a writ petition in W. P. No. 10990/1999 before this Court and this Court by its order dated 16th June 1999 dispoed of the said writ petition, directing the petitioner to treat the said order as show cause and file his objections and further directed the respondents to consider the objections to be filed by petitioner and take a decision after providing an opportunity to the petitioner. Thereafter, petitioner filed his objections to the show-cause notice on 5th August 1999. Accordingly, the respondents have passed an order on 15th March 2000 directing the petitioner to pay the augmentation charges of Rs. 1,12,500/-It is the case of petitioner that, without considering the objections filed by petitioner, the respondents have passed a non speaking order. Therefore, being aggrieved by the same, petitioner has filed another writ petition in w. P. No. 10717/2000 before this Court. This Court by its order dated 23rd july 2001 has allowed the said writ petition and set aside the order and remitted the matter back to third respondent with a direction to pass an order afresh after considering the objections filed by petitioner. Pursuant to the said order passed by this Court, the respondents have issued the impugned order dated 13th September 2001 by considering and rejecting the objections filed by petitioner and directing the petitioner to pay a sum of Rs. 1,12,500/- towards augmentation charges. Further, the respondents have stated in the said order dated 13th September 2001 that, as per the amendment to Regulation 9 of the Electricity Supply Regulations vide board letter dated 18th January 1996 in No. KEB/b11/b10/6948/90-91