RAMJIBHAI HARJIBHAI Vs. GEB

JUDGEMENT

(1.) Rule. Mr. M.D.Pandya, learned counsel for respondent no.1 waives the service of rule. In the facts and circumstances of the case, the petition has been taken up for final hearing to day.

(2.) This petition is filed by the petitioner for an appropriate writ, order or direction quashing and setting aside supplementary as well as revised bills Annexures A and E respectively, and for declaration that the action of the Gujarat Electricity Board -respondent no.1 herein and its officers is illegal, contrary to law, unwarranted, null and void. A prayer is also made to quash and set aside an order dt. 15th March, 1999 passed by the Appellate Committee in Appeal No.B.240/98-99 and by directing the respondent -Board to refund an amount of Rs.92,532.00 already deposited by the petitioner with the Board along with interest thereon at the rate of 18% p.a. A further prayer was made restraining the respondent from disconnecting electricity supply provided to the petitioner for industrial purposes.

(3.) The case of the petitioner is that he is running a textile factory at 68, Sonal Industrial Estate, Pandesara, Udhana, Surat. The petitioner was having electric connection for industrial purposes i.e. for lighting as well as running his factory. According to him, on 9th March, 1994, a checking squad of the respondent Board inspected the factory of the petitioner and took away the meter by applying seal for testing by a Laboratory of the Board. The petitioner was not present at that time. According to him, signature of a person was taken who had no authority to sign, nor he was a representative of the petitioner. A supplementary bill was then issued to the petitioner on the allegation that there was theft of electric power by the petitioner. The said bill was for Rs.4,62,614-65 Ps. On 6th April, 1994, the electric connection was restored on deposit of 20% of the amount of supplementary bill by the petitioner who preferred an appeal.