JK MONTESSORI SCHOOL Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of present writ petition, the petitioner, inter alia, seeks a writ of certiorari quashing the action of the respondents in illegally disconnecting the electricity supply to the petitioner-school in flagrant violation to the provisions of the J&K Electricity Act, 2010 and Rules framed thereunder and without providing 15 days notice in writing as per the provisions of Sec. 50(1) of the J&K Electricity Act, 2010.

(2.) The facts leading to the filing of this petition are that the petitioner-School has been established by Mrs. Rajni Gupta to provide and impart quality education to the students, who have been admitted to the petitioner-school. The JK Montessori School was taken over by the petitioner in the year 2002 and since then the same is being run strictly in consonance with the provisions of law. According to the petitioner, at the time when the school was taken over by the petitioner, all electricity dues were cleared by the erstwhile owner of the school and there was nothing outstanding on account of electricity charges against the said school. It is submitted that the respondents after assessing the consumption of electricity in the petitioner-school, sanctioned 7.5 KW load and a modern digital electronic meter has also been installed by the respondents in the premises of the school. It is averred that the digital electricity meter installed cannot, under any circumstances, be tempered or fiddled and if any attempt is made in this regard, the meter stops working. According to the petitioner, the petitioner was regularly paying the electricity bill and never committed any default in making payment of the electricity bill. It is submitted that on 15/5/2012, a team of officers including respondent No.5 had visited the petitioner- school and found the digital meter installed in the premises intact. The said team left the premises of the school without asking or saying anything to the petitioner. It has further been submitted by the petitioner that after few hours of inspection, the respondents have sent, Electricity bill-cum-pay-in-slip dtd. 15/5/2012 endorsing thereupon excess load penalty amounting to Rs.3,84,805.00, to the petitioner. On the said electricity bill-cum- pay-in-slip a notice has also been endorsed that if the payment is not made on due date, the petitioner shall be liable for electricity disconnection after expiry of seven days of the due date.

(3.) It is the case of the petitioner that after receipt of the aforesaid electricity bill-cum-pay-in-slip, petitioner rushed to the office of respondent Nos. 4 and 5 to enquire about the details on which such a huge amount of Rs.3,84,805.00 as excess load penalty has been imposed and on enquiry, nothing has been disclosed by the respondents to the petitioner and instead in an arbitrary and illegal manner disconnected the electricity connection thereby causing severe harassment not only to the petitioner but also to the students and the teachers and other staff engaged by the petitioner for running the school. The petitioner is aggrieved of the action of respondents in demanding Rs.3,84,805.00 from the petitioner as excess load penalty and illegal disconnection of the electricity connection primarily on the following grounds:-