DASHRATHBHAI MULCHANDBHAI Vs. DAKSHIN GUJARAT VIJ COMPANY LIMITED

JUDGEMENT

(1.) The present petition is filed by the petitioner under Articles 14, 19 and 226 of the Constitution of India as well as under the Conditions and Miscellaneous Charges for Supply of Electrical Energy for the prayers as prayed for inter alia that appropriate writ, order or direction may be issued quashing and setting aside the order passed in Appeal No. B-339/2003 by the Appellate Committee of the Respondent Board (at Annexure-H) dated 13.11.2003 on the grounds stated in the memo of petition.

(2.) The facts of the case briefly summarized are as follows.

(3.) The petitioner is a Proprietary Firm engaged in the business of weaving of yarn. It is the case of the petitioner that the petitioner has been a consumer of the Respondent Board with the contract load of 30 HP at Village Althan, Piplod, Surat. It is the case of the petitioner that the electric consumption bills were issued by the Respondent - Gujarat Electricity Board with an indication of "faulty meter" for one year before checking. However, for the period from January 2003 to August 2003, the Respondent Board issued an average bill for 173 units which have been paid by the petitioner. The petitioner therefore intimated to the Respondent Board to replace the meter. However no steps were taken. Thereafter, a surprise checking was made by the checking squad of the Respondent board and the checking sheet was prepared which is produced at Annexure-C alleging the irregularity and / or the theft of bill. Therefore, the said supplementary bill has been challenged by the petitioner in the present petition. The said supplementary bill was challenged by the petitioner and the appeal was also preferred. However, the supplementary bill was approved with the modification and therefore the present petition has been filed.