RUPCHAND KHEMCHAND Vs. GUJARAT ELECTRICITY BOARD AND OTHERS

JUDGEMENT

(1.) The pleadings in this petition are complete. I have heard both the sides on merits at length. I, therefore, proceed to dispose of this petition finally.

(2.) The petitioner is running a-factory at Junagarh and he has obtained electric connection and his consumer number is 34101/55502-3. In the month of May, 1995, his old meter No. 6004227 was removed and thereafter a new meter was installed on 31.5.1995.

(3.) On 13th Feb., 1996, the respondent informed the present petitioner that they want to check and test the meter which had stopped working in their laboratory at Sabarmati on 26th Feb., 1996 and requested the present petitioner to personally remain present at the time of said testing and checking. After the receipt of the said letter, the respondent informed them by his letter, dated 23rd Feb., 1996, that there is a dispute regarding the said meter between him and the respondent, and therefore, in view of sub-section 6 of Sec. 26 of the Indian Electricity Act., the said dispute should be referred by the respondent to the Electrical Inspector for his decision. The respondent did not accept his claim and they again asked him by letter dated 12th March, 1996 to remain present at Sabarmati Laboratory on 18th March, 1996. In the meantime, the present petitioner himself had written a letter to the Electrical Inspector on 4.3.1996 submitting before him that there was dispute of the meter and that he was making a reference under sub-section 6 of Sec. 26 of the Indian Electricity Act, 1925.