SHARDA OIL INDUSTRIES PVT LTD Vs. APPELLATE AUTHORITY SUPERINTENDING ENGINEER U P STATE ELECTRICITY BOARD

JUDGEMENT

(1.) M/s. Sharda Oil Industries Private Limited, Nunai,hi district Agra - the petitioner in this writ petition under Art. 226 of the Constitution is a private limited company registered as such under the Companies Act. It is engaged in the business of manufacturing mustard oil and for that purpose it runs a factory operated by electricity. The sanctioned load of electricity connection No. 123877/H.V.-2 is admittedly 350 KVA. The petitioner is thus a 'consumer' within the meaning of the term defined in Regulation 2(b) of the Electric Supply (Consumers) Regulations, 1984 (hereinafter referred to as the Regulations).

(2.) The main reliefs sought for in this petition are for issuance of a writ order or direction in the nature of certiorari quashing the order dated 19-8-1993 passed by the 1st respondent and the bill dated 1-1-1993 issued by the 2nd respondent (Annexures-19 and 10 respectively to the writ petition) and a writ of mandamus directing the respondents to refund Rs. 4,41,000.00 along with LPS and fuel charges deposited by the petitioner under protest on the basis of the bill dated 1-1-1993.

(3.) Admittedly a new meter was installed in the premises of the petitioner's factory (in short the factory premises) on 22-10-1992. Meter reading were taken by the Assistant Engineer (Meter) and S.D.O. on 30-10-1992 and again on 30-11-1992. On 30-11-1992 the Sub-Divisional Officer found total consumption of energy in terms of unit as 37234 units and no fault in the meter etc. was detected nor was any malpractice and pilferge/theft of energy noticed on any of the aforesaid dates of meter reading. A surprise checking/ inspection was, however, conducted on 22-12-1992 by E.E. (Test), E.E. (Dist.) and S.D.O./A.E. (Dist.) who noticed the following irregularities suggestive of malpractice/theft of energy :