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SUNITA AGARWAL, PRANAV TRIVEDI
EXECUTIVE ENGINEER (O AND M) – Appellant
Versus
SHAH PAPER MILLS LTD. – Respondent
JUDGMENT :
PRANAV TRIVEDI, J.
1. The present appeal preferred under Clause-15 of the Letters Patent assails the correctness and validity of judgment and order dated 21.8.2017 passed by the learned Single Judge in Special Civil Application No. 10579 of 2017.
2. The prayers as prayed for by the appellant-original petitioner in the writ-petition was to issue writ/ order or direction quashing and setting aside the judgment and order dated 8.9.2016 passed by the Chief Electrical Inspector and Appellate Authority, Gandhinagar vide order No. CEI/INS/APL/2016/10271.
3. The learned Single Judge, after considering the arguments and averments made by both the sides, was pleased to dismiss the writ-petition by way of an order dated 21.8.2017, which is assailed in the present appeal.
4. The factual matrix which has led to filing of the writ- petition is that the respondent was having an Industrial Connection in Plot No. 5202 in third phase, GIDC, Vapi, Valsad with contract demand of 2800 KVA. The connection was checked by the Installation Checking Squad on 4.7.2015. It was found that the connection was released in Plot No. 5202 and respondent was using 749.20 HP load of boiler auxiliaries in Plot No
Unauthorized use of electricity occurs when electricity is used in premises not covered by the original connection, necessitating a separate application for supply.
Excess electricity consumption constitutes unauthorized use under Section 126 of the Electricity Act, 2003, which prevails over conflicting provisions in the Supply Code.
Unauthorized use of electricity for a purpose other than authorized and in premises other than those for which the supply was authorized constitutes a violation of Section 126 of the Electricity Act ....
Jurisdiction- 1-The power to issue a writ of certiorari and the supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where the judicial conscience of the High Court di....
The court established that the burden of proof lies on the consumer to demonstrate the actual period of unauthorized electricity use to challenge assessments under Section 126(5).
Unauthorized use of electricity includes misuse or malpractices while using electricity, and the assessing officer is legally bound to pass a final assessment order after considering objections.
The assessing officer must establish unauthorized use of electricity before issuing a final assessment order, which can be appealed under Section 127 of the Electricity Act, 2003.
The main legal point established in the judgment is that the lack of communication of assessment orders to the consumer deprived the consumer of the opportunity to contest the orders, rendering any d....
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