SANGEET KAUR Vs. UHBVNL AND OTHERS

JUDGEMENT

(1.) The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of order of assessment dated 17.10.2014 (Annexure P-5) as well as notice dated 17.10.2014 (Annexure P-6) for compounding the offence of theft of electricity to the petitioner under Sections 135 and 152 of the Electricity Act, 2003 (hereinafter referred to as 'the Act').

(2.) Briefly, the facts of the case as made out in the present petition are that the petitioner is widow of late Sh. Ranvir Singh Saran, in whose name an electricity connection bearing Account No. Y35JB120006A was issued by the respondents under NDS Tariff Type. The premises, for which the aforesaid electricity connection was issued, is a school building, which presently is functioning under the control and supervision of the petitioner being its Principal. The husband of the petitioner died on 27.11.2010 but till date the above-mentioned electricity connection is in the name of husband of the petitioner. On 1.9.2014, the premises of the school was checked by the respondents-authorities and prepared a checking report dated 1.9.2014. The petitioner was issued a memo dated 1.9.2014 for asking her to attend the M&T Lab, Yamuna Nagar at 10.00 am on 2.9.2014. Similarly, another memo was issued to her on the same day i.e. 1.9.2014 calling her to file her response to the office of respondent No.3 to the show cause notice regarding registration of case of theft of electricity. Thereafter, respondent No.4 passed an impugned order of assessment dated 17.10.2014, whereby, the petitioner was informed to pay an amount of Rs. 306020/- on account of theft of electricity. A notice was also issued to the petitioner on the same day i.e. 17.10.2014 by respondent No.4 for compounding the offence of theft of electricity under Sections 135 and 152 of the Act by paying the compounding amount of Rs. 40,000/-.

(3.) The present petition has been filed to quash the impugned order of assessment and notice dated 17.10.2014 by raising various grounds.