SIDHDHESHWAR TEXTILES Vs. DAKSHIN GUJARAT VIJ CO LTD

JUDGEMENT

(1.) The petitioner has filed this petition under Article-226 of the Constitution of India praying for quashing and setting aside the Appellate judgment in so far as it is against the petitioner. The petitioner has also prayed for quashing and setting aside the revised bill and direction to the respondent to grant the refund of the amount already paid by the petitioner.

(2.) This Court has issued notice on 21.6.2004. The petition was admitted on 20.9.2004 and this Court has by way of ad-interim relief observed that the electricity supply of the petitioner will not be disconnected on condition that the petitioner would make the payment of the supplementary bill amount by three equal installments. The Court has also permitted the respondent to levy delay payment charges if the amount is not received within the agreed period.

(3.) It is the case of the petitioner that the petitioner is a consumer of the Gujarat Electricity Board and his consumer number is 05101/13257/7 LTP-1 with contract load of 20 HP. The petitioner is running a textile twisting unit. The petitioner had applied on 15.7.2003 for increase of the load from 20 to 35 i.e. 15 additional HP. The petitioner had also submitted a test report on 29.12.2003. The meter of the petitioner was burnt on 30.6.2003. Thereafter, on 2.7.2003 the checking officers had come to the unit of the petitioner and replaced the burnt meter. A checking report was prepared in this connection. Thereafter, the officers of the respondent Board visited the unit of the petitioner on 5.9.2003 and inspected the electrical installation. During the checking it was alleged that the petitioner has committed theft of electricity. Thereafter, a special bill amounting to Rs.9,37,159.49 was issued to the petitioner. After the impugned order, on 19.9.2003 the petitioner deposited a sum of Rs.1,89,450/- being 20% of the impugned bill and the power connection has been restored to the petitioner.