PUSHPA DROLIA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner has a L.T.I.S. electricity connection with the sanctioned load of 10 H.P. The electricity connection was earlier given by the Fatuha Phulwari Sahkari Samiti but later the Samiti was merged with the Bihar State Electricity Board which took over the supply of electricity to its consumers, including the petitioner.

(2.) THE petitioner seeks to challenge a demand notice, dated 5.2.1999 asking her to pay a sum of Rs.1,73,813/ -. The impugned demand is raised on the ground that the connected load at the petitioner's premises was found to be 23.5 H.P. and hence a revised bill for the past six months from the date of the inspection was prepared on that basis.

(3.) THOUGH the demand is raised on the basis of an alleged inspection, it is an admitted position that no inspection report, giving the details of motors and appliances found at the petitioner's premises is in existence. No counter affidavit is filed on behalf of the Board but Mr. Mihir Kumar Jha, counsel appearing on its behalf submitted with reference to the departmental records, that the petitioner's premises was inspected on 11.10.1996 by a team of officers, including the Superintending Electrical Engineer. In course of inspection there the total connected load was found to be 23.5 H.P. Admittedly, however, the findings of the inspection were not written down and no inspection report was prepared. In the absence of any written report there is naturally no question of obtaining the signature of the petitioner or her representative on it and of giving its copy to her. .