TECHNO ENGINEERING Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) LEARNED Counsel for the petitioner submitted that despite the earlier order, passed by this Court dated 18th January, 2007 in a writ petition bearing W.P.(C) No. 7510 of 2006, no order has been passed under Section 126 of the Electricity Act, 2003 (in short 'the Act, 2003') and straightway a consequential effect has been given, namely, directly a bill has been issued for an amount of Rs. 5,98,860/ -. It is further submitted that though the bill, which has been issued, ought to have been based upon an order under Section 126 of the Act, 2003, never such detailed speaking order has been passed and no opportunity of being heard has been given to the petitioner, as envisaged under Section 126 of the Act, 2003, and, therefore, let this Court direct the concerned respondent authority to hear the petitioner or its representative and then to pass a speaking order under Section 126 of the Act, 2003 and till then, no effect may be given to any supplementary bill, which has been issued by the respondents, pursuant to the raid carried out by the respondents in the month of March, 2006.

(2.) THIS fair submission is made by the learned Counsel for the petitioner, keeping in mind the continuation of the electricity by the respondents. Nonetheless, all the emphasizes are given to a breach of the provisions of Section 126 of the Act, 2003, by the respondents, to be read with the provisions of Supply Code Regulations.

(3.) HAVING heard learned Counsel for both the sides and looking to the facts and circumstances of the case: