LAWS(P&H)-2015-10-68

RANDHIR SINGH Vs. STATE OF PUNJAB AND ORS.

Decided On October 14, 2015
RANDHIR SINGH Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) INSTANT writ petition under Articles 226/227 of the Constitution has been filed for issuance of a writ in the nature of certiorari for quashing the bill -cum -assessment order dated 28.10.2013 (Annexure P -1) under Section 135 read with Section 126(6) and Section 154(5) of the Indian Electricity Act, 2003 (hereinafter referred to as 'the Act') whereby demand of Rs. 1,14,976/ - has been raised and order dated 12.12.2013 (Annexure P -3) passed by respondent No. 3 - Executive Engineer, Punjab State Power Corporation Limited, City Barnala, Tehsil and District Barnala, whereby petition of the petitioner has been dismissed by Designated Authority -cum -Deputy Engineer Circle PSPCL, Barnala. Further prayer has been made to restrain the respondents from recovering the amount.

(2.) ADUMBRATED , facts in writ petition are that on 24.10.2013 employees of the Punjab State Power Corporation, Barnala (hereinafter referred to as 'the Corporation') made inspection of the premises of the petitioner and found that petitioner was indulging in consuming electricity by tapping the main electric supply line of the Corporation. In pursuance of that, impugned bill -cum -assessment order dated 28.10.2013 (Annexure P -1) was served upon the petitioner under Section 135 read with Section 126(6) and Section 154(5) of the Act It is mentioned therein that petitioner was drawing electricity by direct kundi. Resultantly, as per Rules, a demand of Rs. 1,14,976/ - was raised vide impugned bill -cum -assessment order dated 28.10.2013. Against the bill -cum -assessment order, petitioner filed an appeal before the Executive Engineer, which has been dismissed vide order dated 12.12.2013 (Annexure P -2). Hence, this writ petition.

(3.) I have heard learned counsel for the parties and perused the record.