PARMESHWAR KUMAR Vs. B S E B

JUDGEMENT

(1.) In this case the petitioner has prayed for quashing Annexure-1 dated 11-7-1988, the bill raised on behalf of respondent 1 Board for the months of May and June, 1988 on the basis of 45% load factor as the meter installed at the premises of the petitioner for measuring the electricity consumed by the petitioner became defective.

(2.) There is no dispute with regard to the facts. In the premises of the petitioner there is a high tension electric connection, the nature of supply being at 11000 volts. The Board installed its own meter for measuring the supply of electrical energy. The meter was found defective. The meter was not replaced. The Board raised bill for May, 1988 for 6098 units. It again raised bill for May and also for June, 1988 on the basis of 45% load factor as contained in Anneuxre-1. The monthly bills of the petitioner before issuance of Annexure-1 never exceeded Rs. 12000/-, but in Annexure-1 it far exceeded that amount. This bill was raised under Annexure-3, the notification issued by the Board on 16-2-87 purported to be under Ss.46 and 49 of the Electricity (Supply) Act, 1948 (in short, the Supply Act).

(3.) According to the petitioner, Annex-3 was without jurisdiction as it has been issued in contravention of S.26(6) of the Indian Electricity Act, 1910 (the Electricity Act) and the decision of the State Government under S.78A of that Act as contained in Annex.-2.