RAJDHANI INDUSTRIES Vs. ASSAM POWER DISTRIBUTION CO. LTD

JUDGEMENT

(1.) Heard Mr. S.K. Kejriwal, learned counsel for the petitioner as well as Mr. K.P. Pathak, learned standing counsel for the APDCL, representing respondent nos.1 and 2. None appears on call for the respondent no.3.

(2.) The appellate order dtd. 15/2/2017, passed by the prescribed Appellate Authority constituted under Sec. 127 of the Electricity Act, 2003 as well as the revised assessment bill dtd. 18/3/2017, issued by the Assam Power Distribution Co. Ltd. (APDCL for short) have been assailed in this writ petition filed under Article 226 of the Constitution of India.

(3.) The background facts leading to this case is that on 11/4/2016, an inspection team of 8 (eight) APDCL personnel had inspected the electricity metering installation in the premises of the petitioner firm. During such inspection, the APDCL inspection team found that the left side seal of the cabinet box which housed both the LT and CT meter was broken. Accordingly, the said inspection team decided that it was a case of meter tampering. Resultantly, while the electricity power connection of the petitioner was disconnected and a provisional bill for a sum of Rs.5,02,925.00 was served on the petitioner. On payment of Rs.2,51,463.00 made to the APDCL, the electricity power to the establishment of the petitioner was restored. On assessment bill having been served on the petitioner, the assessment proceeding was taken up and the Area Manger, IRCA, APDCL. The said authority had heard the representative of the petitioner and by an order dtd. 19/4/2016, the said authority had held that it was a case of interference with the metering installation and accordingly, it was held that the petitioner was not entitled to any relief in respect of the provisional bill and the said provisional bill served on the petitioner was held to be treated as the final assessment bill.