Mr. Justice D.M. Patnaik, President—This complainant herein challenges the penal bill amounting to Rs. 2,21,352.40 p. raised by the CESCO authorities on the basis of a report of the verifying squad about theft of energy, the inspection being made on 22.2.2003. It is alleged by the complainant that though he had a contract load of 4.5. KW in respect of his domestic power supply the squad without prior notice arbitrarily took into account that the complainant was using air-condition machines and freezer which in fact, as per the complainant’s case, were damaged/abandoned and kept on the roof of the building. These machines were used only in the small scale unit of the complainant’s wife viz. M/s. Orissa Gems Pvt. Ltd., Industrial Estate, Bhubaneswar and after they got damaged, they were dumped on the roof of the complainant’s building. The authorities arbitrarily raised the connected load to 11.5 KW This was highly irregular.

2. The CESCO authorities justify their inspection and imposition of penalty.

3. Heard Mr. Lenka, learned Counsel for the complainant, and Mr. D.R. Ray, learned Counsel for the CESCO.

4. It seems the complainant has moved the Civil Court and has been able to ob