BALAJI INDUSTRIES Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) BY way of present petition, the petitioner has prayed to quash and set aside the impugned order passed by the respondent No. 2- Appellate Committee dated 19. 12. 2000 in Appeal No. 7/26/sz and consequently quash and set aside the supplementary bill dated 12. 05. 1999 for Rs. 2,89,125. 99.

(2.) THE facts of the case in brief are that the petitioner is engaged in the business of Cloth Dyeing on job work basis. The respondent Gujarat Electricity Board gave power connection to the petitioner unit with contract load of 95hp bearing Consumer No. 05208/01155/7. GEB is a statutory body and a State agency within the meaning of Article 12 of the Constitution. The respondent Gujarat Electricity Board gave another power connection to petitioner unit with contract load of 90 HP bearing Consumer No. 05208/01154/9. On 17. 12. 1998 checking squad from respondent No. 1 Board came to the factory of the petitioner and checking was done, in which no irregularity was found. It was observed that the load is in accordance with the supply. On 11. 05. 1999 checking squad from respondent No. 1 Board again came to the factory of the petitioner and checking was done and a Checking Sheet was issued calculating total load of 146. 5 HP and stating that there is excess load of 51. 5 HP. This calculation was made inclusive of machinery lying in petitioner's factory to which no power connection was provided. On being asked to pay some thing by the checking squad, the petitioner made payment of Rs. 15,000/- by cheque drawn on State Bank of India. The checking sheet was signed by the petitioner with objection. On 12. 05. 1999, the petitioner received a supplementary bill issued by the respondent Board for Rs. 2,89,125. 99 in respect of 95 HP connection. On 02. 06. 1999, the petitioner received a letter dated 02. 09. 1999 from the respondent Board asking the petitioner to deposit 50% of the bill amount, so that the petitioner can prefer an appeal before the Appellate Committee. Accordingly, petitioner made payment of Rs. 1,30,000/- and filed an Appeal being Appeal No. 7/26/sz before the Appellate Committee, Surat, respondent No. 2 herein.

(3.) ON 19. 12. 2000, the Appellate Committee, Surat respondent No. 2 herein passed an order in Appeal No. 7/26/sz dismissing the appeal filed by the petitioner. In respect of another power connection of 90hp in the same factory of the petitioner, the petitioner had received supplementary bill for Rs. 3,29,461/- and petitioner deposited 50% of the bill amount at the time of checking on 11. 05. 1999 in which it was alleged that there was excess load of 50 HP. After that the petitioner preferred an appeal before the Appellate Committee, Baroda. On 20. 01. 2001, the Appellate Committee, Baroda passed an order partly allowing the appeal and directing the respondent Board to refund the excess amount paid. The appellate committee, Surat dismissed Appeal No. 7/26/sz vide its order dated 19. 12. 2000 without granting any relief prayed for by the petitioner.