AMBIKA ENGINEERING WORKS, REPRESENTED BY ITS SOLE PROPRIETOR, AWADH BIHARI ROY Vs. CHAIRMAN, JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) IN this writ application the petitioner has sought a direction on the respondents to provide a fresh electric connection to the petitioner unit of 10 H.P., 3 phase line so that the unit can restart its production. The petitioner's line was disconnected by the respondents on 9.7.97 due to non -payment of energy bill to the tune of Rs. 1,67,294.00. It has been stated that out of the said outstanding dues, the petitioner has deposited Rs. 37,263.00 on 11.1.05, Rs.1,00000 has been paid while he was so directed as a condition for grant of anticipatory bail on 31.1.06 and Rs.18,000 was deposited as the security amount and that now there is no outstanding dues against the petitioner. The respondents, however, have been denying electricity connection on the ground that the petitioner was found pilfering electricity by way of hooking from Board's LT line through all three phases and the Board has provisionally assessed loss of Rs.4,20,000 and an FIR has been lodged against the petitioner.

(2.) THE respondents have filed their counter -affidavit whereby they have supported their action stating therein that an FIR has been lodged against the petitioner under Section 135 of the Electricity Act, 2003 (hereinafter referred to as 'the said Act') as the petitioner was found pilfering electricity by way of hooking from LT Line and thereby has caused loss to the Board to the tune of Rs. 4,20,000 on account of the alleged pilfering by the petitioner and they are entitled to assess the same under the provisions 7of Section 126 of the said Act.

(3.) AFTER considering the submissions of learned Counsel for the parties and also the provisions of law, I do not find any provision under Section 126 or Section 135 of the said Act which compels the consumer to pay the amount unilaterally and provisionally assessed by the respondents without giving him any notice and affording opportunity to represent or of hearing as a condition for giving a fresh connection. The allegation of pilfering electricity and causing loss to the Board to the tune of Rs.4.20,000/ - is still to be proved in the Court of law and the petitioner can not be compelled to deposit the amount not legally assessed as a condition for giving a fresh connection.