LADHABHAI MONABHAI MANGKIYA Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) Rule. Ms.Bhaya appearing on behalf of respondents wiaves service of rule. With the consent of parties matters are taken up for final hearing today.

(2.) . Present petitions are preferred against the issuance of bill by the Meter Reader. It is the case of the petitioners that the Meter Reader has no authority to issue such bill. A perusal of the bill which is issued shows that there is a noting that the meter is kept above. The contention of the petiioner is that the meter was found to be working in proper condition and there was absolutely no basis for the purpose of issuing additional bill. The petitioner contends that, as a matter of fact, merely because the meter reader found that the meter has stopped is no ground for arriving at conclusion on his own, that too, without giving opportunity, whatsoever, to the petitinoer. It has been submitted that therefore the decision of issuing the bill by the meter reader and insistence for recovery of same by the Gujarat Electricity Board should be declared as illegal.

(3.) . On behalf of respondents, Ms.Bhaya has submitted that since the meter at the relevant point of time was found to be in tilting condition it had stopped and did not record the actual consumption of the electricity supply used by the petitioner. Since it was found that the meter did not record the actual electricity consumption, on the basis of load supplied to the petiioner and also on the basis of probable use of electricity by the petitioner the bill has been issued. It has also been submitted on behalf of respondent Board that the petitioner has not paid the regular bill from May 2000 to January 2002 and that the amounts of regular bills do not form part of disputed bill. In response thereto Mr.Mangukia submitted that as a matter of fact attempts were made on the part of petitioner to forward the payment of regular bills but the same is not accepted on the ground that the disputed bills are not paid by the petitioners.