VAISHNAVI STEEL INDUSTRIES Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) IN this writ application, the petitioner has prayed for a direction to the respondents to restore the electric connection which has been disconnected after an inspection made at the premises of the petitioner on 27.5.2008, on alleged theft of electricity. It is stated that while disconnecting the electric connection of the petitioner, the respondents have arbitrarily assessed the tentative loss to the respondent -JSEB to the tune of rupees eighty lacs and subsequently penal assessment has been made in which a sum of Rs. ,11,840/ - has been raised as the amount payable by the petitioner.

(2.) LEARNED counsel for the petitioner submits that the manner in which the inspection was made and the amount of penal charges which has been assessed and raised, are totally arbitrary, illegal and contrary to the provisions of law. It is further submitted that since there is a provision in the Electricity Act for preferring appeal against the final order of assessment under Section 127 of the Act. the petitioner would prefer the appeal after depositing 50% of the amount raised in the bill. Learned counsel refers to several judgments of this Court and submits that this Court has passed orders under similar circumstances, directing the consumer to deposit certain percentage of the total assessed amount of penal charges and on such payment the electricity was directed to be restored. The petitioner prays for a similar relief in this case also.

(3.) LEARNED counsel by referring to proviso of sub -clause 1 (a) of Section 135 of the Act submits that as per the aforesaid provision, it is incumbent upon the consumer to deposit the entire amount of the finally assessed bill for restoration of electricity. Learned counsel further submits that in a similar case where a Single Bench had directed the consumer to deposit the entire assessed amount, the matter was referred before the Division Bench. The L.PA was dismissed by the Division Bench upholding the findings of the learned Single Judge. However, a relief was granted to the consumer directing him to pay the entire amount in installments.