AUTOMOBILE ANCILLIARY INDUSTRIES Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE writ application has been preferred by the petitioner M/s. Automobile Ancillary Industries, Jamshedpur (Singhbhum East) with two prayer i.e. (i) for issuance of an appropriate writ in the nature of mandamus, commanding upon the respondents to restore the electric line in the petitioner factory, having connection No. ADLT -3, AV 162, which was disconnected on 20th January, 2000 pursuant to an FIR, lodged by 4th respondent, Electrical Executive Engineer, Electric Supply Division, Adityapur, Jamshedpur and (ii) for issuance of an appropriate writ in the nature of mandamus, directing the respondents to replace the metering box in which the meter as well as CT have been installed in respect to which the petitioner has given several reminders. Further prayer is to direct the respondents not to raise any bill under clause 16.9 of the Electricity Tariff, 1993.

(2.) IT appears that the petitioner, a Small Scale Industry, is a Low Tension Industrial Service Consumer, which obtained contract demand of 79 HP from the then Bihar State Electricity Board (now Jharkhand State Electricity Board -hereinafter to be referred as 'JSEB ').

(3.) LEARNED counsel for the petitioner submitted that the First Information Report was lodged by the officer of the Board, just to harass the petitioner. The meter box having tilted down, the matter was informed to the concerned authority, including the higher authority, and because of latches on their part, no action was taken. Now with a view to suppress their latches, First Information Report has been lodged mala fide against the petitioner. It has been further submitted that the petitioner being LTIS consumer, is supposed to draw minimum 80 units per HP, which comes to 6320 units per month. If the petitioner is bound to pay minimum at the rate of 6320 units per month, the question of theft of energy up to 6000 units cannot be alleged. Learned course for the petitioner submitted that during pendency of the writ petitioner, the respondents illegally raised a supplementary bill for the period, in question, on the basis of the First Information Report for Rs. 1,17,089.89 paise, which has been challenged by the petitioner by way of filing an amendment petition.