HARIHAR COLD STORAGE Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS writ application has been filed for a direction upon the respondents for restoration of electrical line in the premises of petitioner. The petitioner has also challenged the final assessment order dated 05.02.2010 (Annexure -10), whereby and whereunder it was ordered that the petitioner is liable to make payment of Rs. 23,28,208/ - on account of pilferage of electrical energy.

(2.) THE facts of the case in brief is that the petitioner Harihar Cold Storage is a partnership firm. It appears that petitioner firm took an electric connection vide consumer no. GRL -4778(HT), having a contract demand of 115 KVA. It appears that on 09.09.2009, an inspection conducted by the team of Jharkhand State Electricity Board in the premises of Harihar Cold Storage and it was found that the consumer was unauthorizedly using the electricity by connecting an extra 3 1/2 core LT cable to the outdoor bushing of the distribution transformer, situated in the back side of premises. The extra cable emanating from the LT bushing was terminating at the change over in the panel room of the petitioner's premises. Thus an arrangement was made to control and restrict the actual energy consumption in the meter, which is clear case of unauthorized use of electricity, therefore, attracts action under section 135 of the Electricity Act.

(3.) IT appears that this writ application filed for a direction commanding the respondents to restore the electrical connection of the petitioner. During the pendency of the writ application, the final assessment order passed on 05.02.2010 as contained in Annexure -10, was challenged by filing an amendment Application (I.A. No. 986 of 2010). The said amendment had been allowed vide order dated 10.3.2010. By the same order, the Electricity Board was directed to restore the power supply of the petitioner, if petitioner deposits Rs. 7,00,000/ -. It is submitted by learned counsel for the petitioner that during the pendency of this writ application, petitioner had deposited Rs. 7,00,000/ -, accordingly its electrical connection restored. Thus, at present, this writ application is confined to second prayer of the petitioner i.e. for quashing of Annexure -10.