PRADEEP NANDRAJOG, J.

( 1 ) A complex set of facts have been woven by the parties in the 4 captioned writ petitions and therefore before noting the issues which arise for consideration in the 4 writ petitions, it would be advisable to note the relevant facts.

( 2 ) ON 25. 9. 1967, Late Shri Ram Prakash obtained perpetual leasehold rights in his favour from DDA in respect of property bearing municipal No. B-87 mayapuri Industrial Area, Phase I, New Delhi.

( 3 ) HE constructed an industrial building on the land. Delhi Electric supply Undertaking held a licence to supply electricity in Delhi under the indian Electricity Act,1910 and the Electricity (Supply) Act 1948. Late Ram prakash applied for 2 electric connections. One was for light and the other was for power. The 4 captioned petitions concern the sanction taken for industrial power being K. No. 14-ZK/521706. Load sanctioned was 73. 73 KW.

( 4 ) THE facts at this stage as are a little hazy but they are otherwise unconnected with the dispute but need to be stated in the factual backdrop of the litigation. Late Ram Prakash probably constituted a firm by the name of M/s ram Prakash Kamal Kishore. This was his sole proprietory firm. The power connection and the light connection was obtained in the name of the firm.

( 5 ) RAM Prakash had a daughter name Raksha Arora. He had a son name Kamal kishore. It appears that initially Ram Prakash entered into a contract with his son to share profits in the business of M/s Ram Prakash Kamal Kishore i. e. the firm became a partnership firm. Thereafter, his son retired from the partnership. Daughter, Raksha Arora was inducted as a partner.

( 6 ) FROM a part of the premises at B-87 Mayapuri Industrial Area, Phase I, the partnership firm M/s Ram Prakash Kamal Kishore did business. Vide a lease/licence dated 1. 3. 1983, the remaining part was given possession of to M/s s. D. Technical Services (P) Limited, writ petitioner of WP (C) No. 121/1992.

( 7 ) BOTH electricity connections i. e. for light and power continued to remain in the name of M/s Ram Prakash Kamal Kishore. S. D. Technical Services pvt. Ltd. also started using the industrial power and industrial light connection.

( 8 ) RAM Prakash executed a will on 23. 2. 1990. He died on 25. 7. 1990. Dispute arose between his daughter Raksha and son Kamal Kishore. Reason of the dispute was the will. The brother and sister gave different interpretation to the will. Problem under the will was that without defining the specific share of the brother and the sister, Ram Prakash made a bequest to the effect that the tenanted portion with M/s S. D. Technical Services Pvt. Ltd. stands bequeathed to his son and the portion in possession of the firm M/s Ram Prakash Kamal Kishore would be inherited by his daughter.

( 9 ) DUE to the aforesaid nature of bequest, the brother and sister started claiming more area in the building in the respective possession of M/s Ram prakash Kamal Kishore and M/s S. D. Technical Services Pvt. Ltd.

( 10 ) RAKSHA Arora filed a suit for permanent injunction and other consequential reliefs on the original side of this Court. The suit was registered as Suit No. 3726/1990.

( 11 ) ON 28. 1. 1991, Enforcement Team of DESU carried out an inspection at B- 87 Mayapuri Industrial Area Phase-I. A connected load of 149. 2 KW was noted.

( 12 ) AS per tariff applicable, industrial connections less than 100 KWs were classified in the Small Industrial Power (SIP) category. Connections above 100 KWs were classified in the category of Large Industrial Power (LIP) category. Tariff in the LIP category was much higher. Additionally, a minimum power factor of 0. 85 had to be maintained in the LIP category. The inspection further revealed that 1 phase of the CT meter had stopped and the supply was operational on the other 2 phases. 1 glass rivet was also found missing.

( 13 ) SINCE the registered consumer was M/s. Ram Prakash Kamal Kishore, a show cause notice dated 4. 4. 1991 alleging excess load/load

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