REGAL THEATRE Vs. M P E B RAMPUR

JUDGEMENT

(1.) The petitioner No. 2, who is a partner of M/s. Regal Theatre are running a cinema show in that theatre known as Regal Talkies in which an electric connection is installed, supplied by M.P. Electricity Board which recovers the electricity charges on the basis of the meter reading.

(2.) On 31st Mar. 1982 the petitioners received a bill for Rs. 47,600.27 p. as per Annex-'A' on account of energy charges for the period July, 1980 to Dec. 1980(?) on the ground that the electric meter installed at the petitioners' theatre has recorded 1/3rd consumption instead of full consumption. The petitioners by their reply dtd. 15-5-1982 Annexure-'B' disputed the said demand. Subsequently correspondence took place between the petitioners and the respondents on this point with the result that the respondents again sent a supplementary bill for Rs. 13,513/-, without disclosing as to how this figure was arrived at especially where initially the bill was sent for Rs. 47,000.27 p. mentioned above.

(3.) It is in these circumstances, after serving notice of demand of justice on 15-11-83 the petitioners have filed this petition under Art. 226 of the Constitution of India with a prayer to quash the demand as per Annexures-'L' and 'L-1' dtd. 29-10-83 for recovery of Rs. 13,513/- as the same is without jurisdiction and without the authority of law, with a further prayer that the respondents be restrained from disconnecting the electrical supply of the petitioners and not to demand any amount on the ground of defective meter without following the procedure prescribed by Sec.26 of the Indian Electricity Act, 1910.