TORRENT POWER LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India praying for quashing and setting aside the impugned Order dated 29.05.2003 passed by the respondent No. l State Government as per Annexure-F to the petition. The petitioner also prayed for quashing and setting aside the impugned order dated 06.03.2003 passed by the respondent No. 2 i.e. Electrical Inspector as per Annexure-D to the petition. The petitioner has also prayed for the declaration from this Court that the stop meter assessment carried out by the petitioner as per Annexure-A does not fall within he scope and parameters of Section 26(6) of the Indian Electricity Act, 1910 and, therefore, the respondent Nos. 1 and 2 have no jurisdiction to entertain the dispute with regard to the same and the Respondent No. 3-Consumer is liable to make payment as per Annexure-A together with interest for delayed payment @ 24% p.a. as per the Conditions of Supply.

(2.) This Court has admitted the petition on 25th of September, 2003 and it was observed by the Court that in the meantime it would be open to the petitioner to prepare a bill on the basis of the order passed by the Electrical Inspector and recover the said amount without prejudice to the rights and contentions raised in this petition. On service of notice of rule, a detailed affidavit-in-reply was filed by the consumer on 15th October, 2003.

(3.) Heard Mr. K.B. Pujara, learned Advocate appearing for the petitioner; Ms. Manisha Narsinghani, learned AGP, appearing for the respondent Nos. 1 and 2 and Mr. U.A. Trivedi, learned Advocate, appearing for respondent No. 3 consumer.