KHEMA DHAR Vs. BSES YAMUNA POWER LTD.

JUDGEMENT

(1.) THE present petition is filed by the petitioner praying inter alia for issuance of a writ of mandamus to the respondent/BSES Yamuna Power Ltd. to re -install the earlier electricity meter and supply electricity from the said meter at her premises bearing No.19A, Manavsthali Apartments, Vasundhra Enclave, Delhi.

(2.) IT is the contention of the counsel for the petitioner that the premises of the petitioner was inspected on 29.10.2005, and a case of theft was alleged against her pursuant to which a theft assessment bill of Rs.2,20,604/ - dated 26.7.2005 was raised on her. It is further stated that the petitioner being a senior citizen and not in a position to enter into a litigation, deposited a sum of Rs.95,000/ - with the respondent and got the matter settled. After a period of 6 years, the petitioner was served with a disconnection notice dated 19.7.2011. It is stated that the respondent disconnected the electricity supply to the premises of the petitioner on the very same date itself, i.e., 19.7.2011, even though the impugned disconnection notice had stated that the petitioner would get 2 days time to pay the alleged demand.

(3.) LASTLY , counsel for the respondent relies on e -mails dated 10.10.2011 and 12.10.2011 sent by the son of the petitioner to the respondent stating categorically that the Enforcement Cell of the respondent had disconnected the electricity in the premises of the petitioner on 7.10.2011. It is submitted by the counsel for the respondent that the specific averment made by the petitioner in the present petition that the electricity in the premises of the petitioner was disconnected on 19.7.2011 is thus patently false.