NAREN CHANDRA KALITA Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard Mr. H. Deka,learned Senior counsel assisted by Mr. M. Islam, learned counsel for the appellant and also Mr. B. D. Das and Mr. N. Goswami, learned standing counsel, Assam State Electricity Board (for short, 'ASEB') appearing for the respondents.

(2.) This appeal is directed against the judgment dated 19-9-94 and decree dated 29-9-94 passed by learned Assistant District Judge, No. 1, Kamrup, Guwahati in Title Suit No. 163/90 dismissing the suit filed by the appellant as plaintiff seeking for - a) decree for declaration that the actions taken by the defendants imposing the assessment bill upon the appellant and for threatened disconnection of electricity connection of his saw mill as void, illegal and inoperative, and - b) for a permanent injunction restraining the respondents and their agents, workmen from realizing the amount of assessment bill and from disconnecting the electric service connection to his saw mill.

(3.) The brief facts as emerged from the pleadings exchanged by and between the parties as well as the impugned judgment are that the appellant was the proprietor of a saw mill under the name and style of M/s. New Saw Mill situated at Palasbari in the district of Kamrup. In 1974, the plaintiff obtained a electric connection to his saw mill to operate its machineries from ASEB for which two meters were installed. The meter No. 14835 (3x5) related to the power connection with a capacity and load of 51 K.W. when the domestic meter bearing No. 659236 (10-A) with a permitted load of 3 K.W. It was pleaded in the plaint that the appellant was paying charges for consumption of the electric energy for the related period regularly without any default. Two bills amounting to Rs. 4,887.79 and Rs. 366.73 dated 12-8-90 being prepared on the basis of meter reading on 30-7-90, were paid by the appellant within the prescribed period i.e. 5-9-90. However, on 18-8-90 a vigilance team comprising of 4 officers of ASEB/ defendants inspected the premises of the saw mill of the appellant in his absence and allegedly detected certain irregularities in the electric connection and left a note thereof by those officers.