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2017 Supreme(Guj) 1848

RAJESH H.SHUKLA
Executive Engineer, (O & M) P. G. V. C. L. – Appellant
Versus
Hitech Investment and Casting Limited – Respondent


Advocates Appeared:
For the Petitioner:Ms. Lilu K. Bhaya, Advocate
For the Respondent:Mr. S.N. Thakkar, Advocate

JUDGMENT :

RAJESH H. SHUKLA, J.

1. The present petition is filed by the Petitioner–Paschim Gujarat Vij Company Limited under Article 226 and 227 of the Constitution of India as well as under the Electricity Act 2003 for the prayer inter alia that appropriate writ, order or direction may be issued quashing and setting aside the order passed in Appeal No.36 of 2005 by the appellate authority–Electrical Inspector dated 12.5.2006 confirming the bill (at Annexure-B) issued by the petitioner and also for stay of the order on the grounds stated in the memo of petition.

2. Heard learned Advocate Ms. Lilu K. Bhaya for the petitioner and learned Advocate Shri S.N. Thakkar for the Respondent.

3. Learned Advocate Ms. Lilu K. Bhaya has referred to the papers at length and submitted that the case is about the unauthorized use of electricity and the appellate authority has no power or jurisdiction to modify or set aside the bill of the petitioner. She pointedly referred to the sketch at page 68 and 69 and submitted that it is obvious that the electricity, as a consumer, granted to the respondent, is misused in another premises. She referred to the papers and also the appeal produced on record referri







































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