1. This Letters Patent Appeal has been filed by Paschim Gujarat Vij Co. Ltd. (here-in-after referred to as “the Electricity Company”) challenging an order dated 11.11.2009 passed by the Learned Single Judge in Special Civil Application No. 11009/2009. Learned Single Judge admitted the petition and granted interim relief in terms of para. 8(B) of the petition, whereby supplementary bill of Rs. 2,20,09,862/- came to be stayed.

2. Since between the Electricity Company and the present respondent original petitioner, several petitions on the same issue are pending, we decided to hear all the petitions finally instead of tackling the issues at an interim stage.

3. Facts in brief are as follows :

3.1. Respondent herein, original petitioner in Special Civil Application No.11009/2009, M/s. Paras Ship Breakers Ltd. (“the consumer” for short) is the consumer of the electricity supplied by the Electricity Company. It is not in dispute that the electric connection bearing no. 23246 for a load of 2400 KVA has been granted by the Electricity Company to the consumer for its factory situated in plot no.5 of land bearing survey no. 50/2. It is also not in dispute that the consumer has been found using the said electricity connection for running a factory in nearby plot nos. 2/B and 4 which were in the name of Khodiyar Rolling Mills and Paras Ship Breakers respectively. It is also not in dispute that both the said entities were previously consumers of the Electricity Company but their electricity connections on their respective plots were permanently disconnected on account of unpaid electricity dues. It is the case of the Electricity Company that M/s. Paras Ship Breakers Ltd., the consumer has thus utilized its electricity connection unauthorizedly and has committed grave irregularities. This has given rise to series of litigations which form part of the present group of petitions.

3.2. It is the case of the consumer that in plot no. 2/B, Khodiyar Rolling Mills was situated. The consumer had taken over the possession of the said Khodiyar Rolling Mills on rental basis and thereafter, purchased the machinery and subsequently the land also. The consumer had also by a letter dated 24.5.2004 requested the Electrical Inspector to grant extension of the electrical connection in the said newly acquired premises. Once again by letter dated 4.4.2005, the consumer had informed the Electricity Company that it had installed two rolling mills in the premises and purchased new machinery. In view of the permanent disconnection of the electricity supply on the plot on which Khodiyar Rolling Mills was situated at the time when the consumer acquired the plot, there was no electrical installation. It is thus the case of the consumer that by utilising its existing electric connection from plot no.5 for running its rolling mills in plot no. 2/B or any other plot, the consumer had not committed any irregularity since the consumer is any way paying regularly the electricity bills for electricity consumed by it. Action of the Electricity Company in raising the supplementary bills is wholly unauthorized.

3.3. In Special Civil Application No. 16707/2007, M/s. Paras Ship Breakers Ltd.-the consumer has challenged an order Annexure-A passed by the Appellate authority (Electrical Inspector) in an appeal preferred by the consumer against the supplementary bill issued by the Electricity Company.

Electricity Company had raised additional demand of Rs. 64,08,248/- by issuing bill dated 14.6.2006 on the ground of unauthorized use of electricity. Demand was resisted by the consumer by filing appeal. The Appellate Authority partially allowed the appeal, directed the Electricity Company to recalculate the bill amount upon which the Electricity Company issued a fresh bill of Rs. 21,36,083/-.

In the said petition, Learned Single Judge on 22.7.2008 observing that prima facie there cannot be unauthorized use of electricity by a person for himself and if the person is using the elect