BHUPATBHAI BACHUBHAI GAJERA Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) The present petition is filed by the petitioner for quashing and setting aside the supplementary bill dated 28.7.2000 amounting to Rs.2,34,567.82ps.

(2.) Heard Ms.Sudha Gangwar for the petitioner and Mr.N.K.Majmudar for the respondent-Board.

(3.) Ms.Gangwar for the petitioner submitted that the appellate authority found that it is not a case of theft and thereafter observed that it will be for the concerned officer of the Gujarat Electricity Board, namely, Chief Engineer(Distribution) of the respondent-Board to take final decision in the matter. She submitted that after such order passed by the appellate authority, straight away the Chief Engineer (Distribution) has issued supplementary bill in question. She submitted that no opportunity of hearing was given nor the matter is examined on the point as to whether the average of the subsequent period should be made applicable to the period in question or not. As per her contention, the payment of regular bill is already made and therefore merely because the meter is burnt without there being any positive evidence on record regarding the consumption of electricity energy supplementary bill should not have been issued by the respondent Board.