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2004 Supreme(Guj) 584

D.N.PATEL
LEENABEN W/o SOHANLAL HEMANDAS SONI – Appellant
Versus
AHMEDABAD ELECTRICITY CO. LTD. – Respondent


Advocates Appeared: B.M.MANGUKIYA, K.B.PUJARA, K.L.PANDYA, PRAFUL THAKKAR

D. N. PATEL, J.

( 1 ) THE present petitions have been preferred under Article 226 of the Constitution of India, whereby the petitioners have challenged the action of the respondent no. 1 Company of disconnection of electricity supply and have prayed for a declaration that the respondent no. 1 company has no power and authority to disconnect the power supply in absence of express provisions of Act or Rules framed thereunder.

( 2 ) THE learned counsel for the petitioners submitted that the respondent no. 1 has committed breach of section 126 of The Electricity Act, 2003 (hereinafter referred to as "the Act of 2003") as the Assessing Officer has to make inspection of the premises of the petitioner, has to issue notice of hearing and thereafter only, the assessment under section 126 of the Act of 2003 can be made by the respondent no. 1 company. It is also submitted by the learned counsel for the petitioners that for the alleged theft of electricity, the respondent no. 1 company has no power of disconnection as per section 56 of the Act of 1956. The respondent no. 1 has to give at least 15 days clear notice in writing. Such notice has not been given and hence the action of the responden




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