RAM KUNWAR CHOUHAN Vs. CHIEF MANAGING DIRECTOR

JUDGEMENT

(1.) The appellant/petitioner has filed this writ appeal against the order dtd. 22/4/2025, whereby the writ petition has been dismissed. The writ petitioner is an owner of the stone crusher as well as a licensee of the respondent. On 27/2/2025 a vigilance team of the respondent company visited the place of stone crusher site and found two extra cables connected directly from the low tension bushing of the 20 KVA transformer hence, found the case of 'Theft' under Sec. 135 of the Electricity Act, 2003.

(2.) The writ petitioner was served with the panchnama with provisional assessment notice/order on 27/2/2023 for demanding Rs.55,67,259.00 and disconnection of the supply under sub-sec. 1(A) of Sec. 135 of the Electricity Act, 2003. The writ petitioner submitted an objection challenging the panchnama as well as the provisional assessment order. However, the writ petitioner as per direction dtd. 20/3/2023 has deposited 50% of the provisional assessment amount i.e. Rs.20,33,637.00 and sought restoration of supply. The writ petitioner has also submitted an undertaking with the respondents for the deposit of the remaining amount.

(3.) According to the writ petitioner, this matter was sent to the Zonal Level Committee, but till date the same has not been decided and no criminal complaint has been filed till date. The petitioner has approached this Court by way of a writ petition seeking quashment of the provisional assessment order dtd. 27/2/2023 as well as the panchnama and return of 50% amount of Rs.20,33,637.00 with a direction to decide the pending representation.