CITI HOTEL Vs. COMMISSOINER LUCKNOW DIVN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Sri Manoj Kumar Dwivedi appearing for respondent Nos. 2 to 4.

(2.) IN the instant writ petition, the petitioner has inter alia assailed the order dated 18th March, 2008 passed by the commissioner, Lucknow Division, Lucknow inter alia on the ground that the impugned judgment not only suffers from infirmities but is in transgression of the authority vested in him inasmuch as the provisions of the electricity Supply Code 2-5 were not adverted to and without adverting the same, the impugned order has been passed.

(3.) PUT it briefly, the essential facts of the case are that the petitioner is a partnership firm carrying on its business under the name and style of M/s. Citi Hotel, Lucknow, and for running the hotel the electrical energy was required and as such connection for supply of electrical energy was applied in the requisite format, which was sanctioned with a load of 40 KW. A meter was also installed in the premises of the hotel. The hotel was utilizing about 36. 110 KW load out of the sanctioned load and was paying the bill regularly. In the hotel, the management was also running a restaurant. One Sri S. C. Jain, Junior Engineer, who was in-charge of the area, used to visit the restaurant, which is within the hotel premises. On 28-5-2002, he along with other persons had taken lunch in the restaurant and when the bill was raised, the said Engineer became annoyed and he raided the premises after few hours along with other officials on the same day implicating the petitioner and its manager in a false theft case. The charge levelled against the petitioner was that they were consuming a load of 88. 75 KW, whereas the sanctioned load was only 40 KW and accordingly provisional assessment order dated 25-6-2002 was passed creating a demand of Rs. 18,16,218/- and further the supply of electrical energy was disconnected. Thereafter prosecution was also launched.