AVLESH OIL MILLS Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner challenging under Articles 226 and 227 of the Constitution of India, the action of the respondent of issuing a bill for minimum charges of electricity connection. The respondent has issued as per the agreement between the petitioner and respondent, a bill for minimum charges as per clause-2 of the undertaking given by the petitioner. The said clause reads as under:

(2.) The respondent has issued a bill for minimum charges at Rs. 54,725/- dated 9.2.1994 for the year 1993/94.

(3.) It is contended by the ld. counsel for the petitioner that as the petitioner has already been penalized by raising a bill worth Rs. 13,27,654-19ps. for committing theft of electricity which was detected by the respondent on a raid/checking carried out on 16.4.1993. It is averred by the petitioner that once respondent is issuing a bill for huge amount of Rs. 13 lacs and odd, they are estopped from issuing a bill for minimum charges as per clause-2 of the undertaking given by the petitioner to the respondent. The minimum guarantee of consumption given by the petitioner was of the electricity worth Rs.1,12,038/-. Once the respondent has issued a bill for illegal consumption of the electricity, by applying AxBxCxD formula for Rs. 13,07,054-19ps., the clause-2 of the undertaking, as referred to hereinabove, cannot be taken shelter of, by the respondent and, therefore, the impugned bill issued by the respondent dated 9.2.1994 worth Rs. 54,725/- is illegal, bad and null and void and the respondent cannot recover the said amount from the petitioner.