D B SANGHROUKA Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) THIS petition has been preferred under Article 226 of the Constitution of India praying for the following reliefs: issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the appellate judgment at Annexure-A in so far as it is against the petitioner and also quash and set aside the impugned revised bill at Annexure-B and further direct the respondents to refund the amount already paid by the petitioner with commercial interest at the rate of 24% per annum; pending hearing and final disposal of this petition direct the respondents, their agents and/or servants not to disconnect the power supply to the petitioner; grant such other and further reliefs as the Hon'ble Court may deem fit in the facts and circumstances of the case. allow this petition with costs. The petitioner is a unit consuming electrical power supplied by respondent-Board with a contracted load of 250 KVA. On 13. 08. 1998 the electrical installation of the petitioner's industries was checked by officers of the respondent-Board. The meter was removed and inspected in the laboratory on 31. 08. 1988. A finding was recorded to the effect that electrical energy was used by the petitioner by tampering with the mechanism of the meter and accordingly a supplementary bill was issued. Being dissatisfied with such a supplementary bill the petitioner filed an appeal before the Appellate Committee of the respondent-Board. The appeal was heard on 22. 09. 1999 and the Appellate Committee partly allowed the appeal reducing the supplementary bill to a sum of Rs. 15,84,659. 92. The petitioner approached this Court by way of Special Civil Application No. 9610 of 1999 which came to be withdrawn by the petitioner as recorded in order dated 06. 12. 1999 as the petitioner wanted to file a review application before the Appellate Committee. The Court permitted withdrawal of the petition with a direction that in the event the review application is filed the same shall be decided by the Appellate Committee within a period of four weeks from the date of receipt of the review application after granting opportunity of hearing of the petitioner. Accordingly the petitioner approached the Appellate Committee with a review application which was registered as review application H-90/99. Vide impugned order dated 18. 02. 2000 the review application has been rejected. The said order of review application is under challenge in the present proceedings. Learned advocate for the petitioner has referred to the following points as appearing in Paragraph No. 5 of the petition to urge that the said points have not been considered by the Appellate Committee while deciding the review application: