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2024 Supreme(Bom) 1184

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.M.Joshi
Maharashtra State Electricity Distribution Company Limited (MSEDCL) – Appellant
Versus
Jamiya Mohamad Education Society – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rahul Sinha i/b. DSK Legal, Advocate
For the Respondent:Mr. Jayendra Khairnar a/w. Mufeez Ansari, Advocate

Table of Content
1. writ petitions involve similar issues. (Para 1 , 2)
2. ownership and tariff issue in electricity billing. (Para 3 , 4)
3. arguments on statutory rights for tariff recovery. (Para 5 , 6)
4. analysis of electricity tariff recovery laws. (Para 7 , 8 , 9 , 10)
5. court's conclusion on electricity bill recovery rights. (Para 11 , 12)

JUDGMENT :

R. M. Joshi, J.

1. Both the Writ Petitions involve similar question of facts and law and hence by consent of both the sides these Petitions are heard together and finally decided at the stage of admission.

2. There is no dispute with regard to the facts involved in these petitions. However for the sake of convenience, the same are reproduced herein below.

3. Respondent, an Education Institution, is consumer of Electricity and was given two electricity connections under Consumer Nos. 065748000199 and 065740001463, having 5 HP load under residential tariff as per the then prevailing tariff order. On 27.08.2015 petitioners flying squad conducted an inspection in the premises of the respondent, wherein it was found that the electricity connection is being used for running college as well as other public utility services. Hence, it was sugge

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