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2009 Supreme(Pat) 1436

NAVANITI PRASAD SINGH
Suryadaya Industries Pvt. Limited – Appellant
Versus
Bihar State Electricity Board – Respondent


JUDGEMENT

1. Petitioner has a low tention connection from the Bihar State Electricity Board at the Industrial Estate at Fatuha. It has a sanctioned load of 90 HP. A load verification inspection was done by the Special Task Force on 4.7.2008, in the afternoon. A detailed report was drawn up. A copy of the said report was handed over to the representative of the consumer. In the said report it was clearly mentioned that there was no meter tampering/bypassing. The meter seals were intact. Thus, it was not a case of electricity theft nor was the meter found bypassed. It was a pure and simple case of installation having connected load more than the sanctioned load. On inspection they found that the total load was 129 HP whereas 25.5 HP was found installed but not connected. Effectively thus there was only 103 HP installed load as against sanctioned load of 90 HP. As against this a provisional assessment was done for the entire 129 HP. A provisional assessment bill for Rs. 5.10 lakhs was served on the petitioner demanding immediate payment lus additional security of about Rs. 42,900/- was demanded. This is what brought the petitioner to this Court challenging the aforesaid action.

2. On b







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