MANAGING DIRECTOR, M.P. POORVA KSHETRA VIDHYUT VITRAN CO. LTD AND ANOTHER Vs. PRESIDING OFFICER, APPELLATE AUTHORITY AND ANOTHER

JUDGEMENT

(1.) - With the consent of parties, the matter is heard finally. The instant petition has been filed by the petitioners seeking quashment of order dated 03.12.2015 (Annexure-P-1) and further upholding the final recovery order dated 30.03.2013 (Annexure-P-4).

(2.) Respondent No. 2 approached this Court by filing a Writ Petition No.20871/2013 which was disposed of vide order dated 13.12.2013 directing respondent No.2 to raise all the issues before the appellate Authority by filing an appeal. The appeal was preferred before the appellate Authority (respondent No.1 herein). In the appeal, the appellate Authority passed an order on 03.12.2015 (Annexure-P-1) holding that respondent No.2 has consumed electricity in any of the month more than their agreement under which 130 HP electric connection has been granted and as such orders dated 18.01.2013 (Annexure-P-3) and 30.03.2013 (Anexure-P-4) have been quashed with the direction to the petitioners to pass amended order.

(3.) The order dated 03.12.2015 has given rise to the instant petition and the said order is assailed by the petitioners mainly on the ground that respondent No.1 has exceeded its jurisdiction. It is also contended that respondent No.1 failed to appreciate that it is found proved the consumption of electricity by respondent No.2 was in excess of sanctioned load of 130 HP. It is further contended that respondent No.1 failed to see that respondent No.2 has consumed electricity more than 150 HP, therefore, they fall within the limit of industrial tariff. It is further contended by the petitioners that while preparing the Panchnama, it was found that irregularities have been committed in the premises of respondent No.2 and proper assessment was done by the petitioners, despite that the appellate Authority has ignored that important aspect. In support of their contentions, the petitioners have also relied upon a decision reported in 2012 (2) MPLJ 628 parties being Executive Engineer Southern Electricity Supply Company of Orissa Ltd. (SOUTHCO) and another v. Sri Seetaram Rice Mill .