KISHOREBHAI RAMJIBHAI GOHEL Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) BY way of these petitions, the petitioners have prayed to quash and set aside the bill dated 13. 03. 2001 issued by GEB pursuant to the visit of the Uniot of the petitioner on 03. 03. 2001.

(2.) THE short facts of the case are that the petitioners are running the ice factory and are regularly paying the bill issued by the respondent-authority in respect of the electrical installation of the petitioners. On account of some business problems, the petitioner's factory was closed for some time. However, the respondent-Board, on mere assumption that the workers of the petitioner's factory might not permit the officers of the GEB to visit the factory premises, the respondent-Board preferred a Civil Suit before the Court of learned Civil Judge, Porbandar. After making the rojkam, the officer of the respondent-Board visited the factory premises of the petitioners. On 01. 03. 2001, the respondent-Board submitted the meter-seal checking report, wherein it was found that there is no tampering found in the machine, but for the purpose of further inspection, the meter is sent to the laboratory. However, on 13. 03. 2001, the respondent-Board issued the disputed bill to the petitioners ignoring the fact that the meter was put to further checking and also without giving prior notice or opportunity of hearing to the petitioners. The petitioners have therefore approached this Court by way of these petitions.

(3.) HEARD learned counsel for the parties. The main grievance of the petitioners is that the provisions contemplated under Section 26 (6) of the Act has not been complied with by the respondent-Board and that no report of the Electrical Inspector has been called for. On perusal of the record, it transpires that the bill under challenge is not as a sequel to any inaccuracy of the meter, but the bill is for the unbilled units recorded in the correct meter. Thus, the bill is issued only for the difference of units recorded in the correct meter remaining unbilled due to errors of reading of consumption recorded in the static meter. Hence, no case is made out to interfere in these petitions under Article 226 of the Constitution of India.