HUKAM SINGH Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS writ petition is directed against action taken by the Haryana State Electricity Board (for short 'the Board') and its officers for disconnecting electric supply of the petitioner for his alleged failure to deposit the dues.

(2.) THE case of the petitioner is that his father Bali Ram was provided with electric connection for his tubewell. Even after the death of his father the connection continued to be in his name. As per agreement the petitioner's father was entitled to use of 5 H. P. motor for the purpose of irrigation of crops. On January 4, 1994 the officers of the respondent Board disconnected the electric supply to the said tubewell, even though the petitioner had deposited all electricity dues.

(3.) ADMITTED facts which have come on record shows that electric connection was duly sanctioned in favour of the father of the petitioner for use of motor of 5 BHP. Disconnection of supply of electricity has also been admitted. However, the parties are in dispute about the manner in which supply of electricity has been disconnected. While the petitioner says that no notice or opportunity of hearing was afforded to him before disconnection was brought about, the respondents have pleaded that the petitioner was fully aware of the reason for disconnection of supply. After going though the rival pleadings, we are fully satisfied that before action for disconnection of supply was taken by the respondents, no written notice was given to the petitioner calling upon him to show cause as to why supply of electricity be not disconnected on account of his neglect to pay charge due from him. Section 24 of the Indian Electricity Act, 1910 empowers licensee to cut off the supply of any person who neglects to pay any charge for energy. Similarly Section 4 of the Karyana Government Electrical Undertakings (Dues Recovery) Act, 1970 contemplate disconnection bf supply after giving notice of demand in the prescribed form. Since these two provisions are relevant for the purposes of deciding the controversy between the parties they are reproduced below.