DULARI DEVI Vs. U P STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS petition is directed against the proceedings for recovery of electricity dues. The Petitioner is the owner of the premises which had the electric connection No. SC 26S74 A/C. The connection was in the Petitioner's name. On 25th January, 1972 for non -payment of dues the supply was disconnected. An inspection was made by the Respondents on 10th May, 1973 and it was found that the electric energy was being supplied through the meter to the Petitioner's house in dispute. On a reading being taken it was found that considerable quantity of energy has been supplied. On the basis of this inspection the Petitioner was billed for the price of the electric energy supplied to the premises. The Petitioner has contended that after the supply had been formally disconnected for nonpayment of dues, no liability can be fastened on the Petitioner, for any energy that may have been consumed unauthorisedly by the tenant of the Petitioner, who was in actual occupation of the premises. According to the Respondents the liability of the Petitioner is still there.

(2.) SECTION 23 of the Indian Electricity Act (hereinafter referred to as the Electricity Act) provides for the charge of energy and Sub -section(3)(a) provides:

(3.) MOREOVER , so far as the case of the Petitioner is concerned, it is covered primarily by the second clause of the definition which includes within the definition of 'consumer' any person whose premises are connected for the pose of receiving energy with the works of a licensee. It is not disputed that the Petitioner is the owner of the premises and the premises were the Petitioner's premises. It is immaterial how and under what circumstances the supply line of the licensee is connected with the consuming line in the premises. Undoubtedly, after disconnection there was a re -connection. May be, as the Petitioner had not made any application for reconnection, the connection was not made at her request, but as the electric energy was supplied through the meter there was undoubtedly a reconnection. What is relevant is only whether the energy is supplied or not and not how a connection with the 'works' comes into being.