ARUP KUMAR MITRA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition demonstrates as to how statutory authority can harass a person by simply passing unmindful illegal orders in flagrant violation of requirement of law and despite repeated orders passed by this Court, setting aside their orders and remanding the matter, they would not mend their ways and continue with similar illegalities so as to test the patience of the person concerned, either to surrender to the system or otherwise, break away. The facts demonstrating and fortifying the above impression gained by this Court, in brief, may be stated as under. Petitioner has an electric connection in commercial category i.e. governed by tariff LMV-2. His service connection number is 231383 and contracted electrical load is 4 KW. A vigilance team of U.P. Power Corporation Limited (hereinafter referred to as "UPPCL") made an inspection on 22.9.2012 and reported that by inserting a magnetic relay device in the meter box, petitioner has tampered the meter and, therefore, was guilty of committing theft of electrical energy. With respect to meter seals, checking team noted as under:

(2.) Thereafter, it made following additional observation in the said report.

(3.) The Executive Engineer, Electricity Urban Distribution Division, Ram Bagh, Allahabad (hereinafter referred to as assisting authority) issued a show-cause notice dated 31.12.2012 stating that the petitioner has been found indulged in theft of electrical energy, which is an offence under Section 135 of Electricity Act 2003 and he may show-cause, why allegations be not treated correct and assessment be made in accordance with U.P. Electricity Supply Code 2005 (hereinafter referred to as "the Code 2005"). An assessment bill of Rs. 1,60,046/- was appended to show-cause notice dated 31.12.2012.