HOTEL BARAK RESIDENCY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioners challenging the notice dtd. 2/6/2017 alongwith the final assessment bill, issued by the respondent No. 5, amounting to 10,96,178.00 (Ten Lakhs Ninety Six Thousand One Hundred Seventy Eight only) and for other consequential directions.

(2.) The records reveals that the petitioner No. 1 herein is a partnership firm and running a hotel in the name and style of "Barak Residency", situated at Hatigaon Road, Dispur, Guwahati- 781006. On 11/5/2016, at 3.00 pm, the respondent No. 5 disconnected the electricity connection to the petitioner's Hotel. On the same date, the respondent No. 5 also sent a communication stating inter alia that the evidence revealed that the petitioner No. 1 was directly or indirectly involved in malpractice for which the petitioner's electric connection was disconnected on 11/5/2016. Further to that an initial assessment bill was served upon the petitioner amounting to Rs.39, 10, 159.00. It may be relevant to mention herein that this assessment bill was issued in terms with Sec. 126(1) of the Indian Electricity Act, 2003 (for short 'the Act of 2003').

(3.) The petitioner, thereupon challenged the said communication dtd. 11/5/2016 as well as the disconnection notice by filing a writ petition which was registered and numbered as WP(C) No. 2960 of 2016. This Court by order dtd. 17/5/2016, issued notice of motion and in the interim granted liberty to the petitioner to apply for a fresh meter for its hotel and make necessary payment for resumption of the power supply. It was also mentioned that if such application was filed by the petitioner and the dues for the new meter was deposited, the respondents would restore the power supply to the Hotel premises.