FAGGAN SINGH Vs. U P STATE ELECTRICITY BOARD

JUDGEMENT

(1.) INSTANT writ petition under Article 226 of the Constitution of India was filed with the prayers to issue writs to quash the order dated 28 -7 -1998 justifying the billing of electricity consumption of the petitioners per rate schedule LMV -6; to quash the impugned electricity bills of July 1998; to treat the petitioners consumers of rate schedule LMV -S and to restrain disconnection of electricity supply of the petitioners.

(2.) THE petitioners alleged that they are having electricity connections for tube -wells and thus are consumers under rate schedule LMV -5. A consumer under rate schedule LMV -5 has an option to take supply under metered category or un -metered category which have different rate schedule. The petitioners have been paying their electricity charges under un -metered category as they have at no point of time opted for metered category and they were therefore charged at the rate of Rs. 40/ - per BHP per month till 1996. In the year 1997 the respondents without the option being invited from the petitioners forcibly installed meters at their tube -well connections and started billing under this category treating them to be the consumers of LMV -6 category.

(3.) THE petitioners made representation, dated 27 -9 -97, to the respondents, but the respondent Board not take any action where upon petitioners filed writ petition No. 16172 of 1998 in the High Court. This writ petition was disposed of on 6.5.1998 with the direction to the respondents to decide the petitioners' representation dated 27.9.1997 and any other representation that may be preferred within two months and the respondents were restrained from disconnecting the electricity connections till disposal of the representation.