DEPUTY ENGINEER (O & M) RURAL SUB DIVISION Vs. ASHWINKUMAR CHATURBHAI THAKKAR C/O BAJRANG SWEETS & 1

JUDGEMENT

(1.) The present petition is filed by the petitioner under Articles 14, 19, 226 and 227 of the Constitution of India as well as under the Electricity Act, 2003 for the prayers as prayed for inter alia that appropriate writ, order or direction may be issued for quashing and setting aside the order passed by the Appellate AuthoritycumElectrical Inspector in Appeal No.4/2005 dated 20.04.2006 on the grounds stated in the memo of petition.

(2.) Heard learned advocate, Ms.Lilu Bhaya for the petitioner, learned advocate, Shri B.M. Vaishnava for the respondent no.1 and learned AGP Shri Venugopal Patel for the respondent no.2.

(3.) Learned advocate, Ms.Bhaya referred to the background of the facts and also impugned order at AnnexureA and submitted that it is not in dispute that there is unauthorized consumption or the use of the load. She submitted that as observed, the contract load is 0.6 KW, whereas connected load found at the relevant time was 2.435 KWK instead of 0.6 KW. On the basis thereof, supplementary bill has been issued as per the ABCD formula applicable as per the Supply Code, particularly, Regulation 126 of the Supply Code. However, she submitted that the Electrical Inspector has modified as stated in the impugned order to the actual consumption on prorata basis, which is not permissible. She submitted that the Supply Code is statutory condition or the Regulations, which provides for such formula of ABCD as stated in such Regulation. She has also submitted that the High Court (Coram : N.V. Anjaria, J.) vide order dated 08.08.2017 has also in identical petition passed an order that the consumer is required to pay as per the formula and Regulation 7.2, which would be applicable in such cases. She, therefore, submitted that the present petition may be allowed.