VINODBHAI MULJIBHAI KAKKAD Vs. ELECTRICAL INSPECTOR

JUDGEMENT

(1.) By present petition filed under Article 226 of the Constitution, the petitioner seeks to quash and set aside the communication dated 22.02.2007 at Annexure C whereby the petitioner was informed by respondent no.1 Electrical Inspector that the meter of the petitioner was checked in meter testing laboratory and during the inspection, it was found that the meter was recording correct electrical consumption and at the time of meter testing, and, thereafter also, within 30 days since the petitioner had not raised any dispute with regard to the meter, the Executive Engineer of respondent no.2 Electricity Company disposed of the meter and, therefore, the meter dispute raised by the petitioner could not be registered.

(2.) It appears that the above communication from respondent no.1 to the petitioner was in connection with the application dated 28.06.2004 at Annexure A made by the petitioner under Section 26(6) of the Indian Electricity Act, 1910 ("the Act") to inspect his meter on the ground that there was defect in his meter.

(3.) As per the case of the petitioner, the petitioner made complaint that the meter installed at his premises was running very fast and there was some defect in the meter and, therefore, the meter was changed upon the request of the petitioner. The petitioner, then made an application on 28.06.2004 under Section 26(6) of the Act to the respondent no.1 get the meter inspected, however, such request was turned down for the reasons mentioned in the impugned communication and the petitioner was issued suplementary bill for Rs.74,460.95 paise which was not permissible on account of the defect in the meter and without inspecting the meter by respondent no.1.