CHAMPAKLAL AMBALAL PATEL Vs. SUPERINTENTENDING ENGINEER

JUDGEMENT

(1.) SPECIAL Civil Application No. 14066 of 2003 has been filed by the petitioner under Articles 14, 226 an 227 of the Constitution of India as well as under the provisions of the Gujarat Electricity Act for the following prayers :

(2.) THE facts of the case briefly stated by learned counsel are that the authority has not considered the basic fact that there was a faulty meter and some arrangement was made by the wireman of the board for the supply of energy and hence the petitioner cannot be liable for the faulty meter, which has not been considered.

(3.) LEARNED counsel, Shri Patel referred to the papers and submitted that as there was a leakage due to faulty meter, it was traced out that it was from the faulty meter of the petitioner, therefore, the wireman had made some arrangement for the direct supply, which has been treated as irregularity or theft of energy. Learned counsel, Shri Patel submitted that there is no dispute about the fact that there was a direct supply from other HT line and the meter was faulty but the question is as to who has done it and as to whether the petitioner could be liable for such faulty meter or not. For that purpose, he referred to the papers including the order of the appellate committee produced at AnnexureE at page no.18. He further submitted that though the written submissions were given by the petitioner in February, 2002, same has not been considered. He submitted that the petitioner had filed earlier Special Civil Application No.8793/2002 as the appeal of the petitioner was not decided by the appellate committee and the High Court (Coram : Jayant Patel, J.) vide order dated 02.09.2002 directed that the appeal may be finally disposed of. Learned counsel therefore submitted that the presumption could not be made and though the reply has been filed, this aspect or theory about leakage and direct supply by the wireman by giving some connection is not dealt with. He therefore submitted that the present petition may be allowed.