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SUNITA AGARWAL, PRANAV TRIVEDI
Madhya Gujarat Vijli Co. Ltd Through Deputy Engineer M R Paviwala – Appellant
Versus
Interwood The Furniture Mall – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE PRANAV TRIVEDI)
1. Present appeal is preferred under Clause-15 of the Letters Patent Act to assess the correctness and validity of the order passed by the learned Single Judge dated 18.4.2019 in Special Civil Application No. 1634 of 2019.
2. The prayers as made by the appellant-original writ petitioner in the writ petition was to issue writ or direction for quashing and setting aside the order dated 24.8.2018 passed by the learned Electric Inspector-appellate authority in Appeal No. 6 of 2018-19.
3. The learned Single Judge, after hearing the submissions on behalf of both the parties was pleased to dismiss the writ petition observing that no case was made out for interference. This order is assailed in the present appeal.
4. The factual matrix leading to the filing of the present writ petition is that the appellant-original writ petitioner Company is the distribution licencee and engaged in the transmission of electricity. Respondent No.1 (hereinafter referred to as 'the respondent' for short) is a consumer of the petitioner having consumer number 15113026867. The respondent had applied for and was granted electricity connection with contracted l
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 ....
(1) Unauthorised use of electricity – Overdrawal may lead to a disastrous situation being prejudicial to public at large – Overdrawal of electricity in excess of sanctioned/connected load may disturb....
Unauthorized use of electricity occurs when electricity is used in premises not covered by the original connection, necessitating a separate application for supply.
The court held that excess connected load constitutes unauthorised use of electricity, but the Appellate Authority cannot enhance demands without a challenge from the original authority and notifying....
Unauthorized use of electricity requires actual consumption beyond contracted load; mere extension of load without use does not constitute violation.
Electricity users must meet defined criteria for consumer status under Section 2(15); unauthorized use triggers assessments under Section 126 of the Electricity Act, which cannot be modified or waive....
Unauthorized use of electricity under Section 126 requires actual consumption beyond authorized load; mere extension of load without use does not qualify.
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