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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Vijay Bishnoi, N. Unni Krishnan Nair
Shree Shyam Ispat – Appellant
Versus
Assam Power Distribution Company Ltd. – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. D. K. Mishra, learned senior counsel, assisted by Mr. S. K. Kejriwal, learned counsel, appearing on behalf of the appellant. Also heard Mr. P. N. Goswami, learned Addl. Advocate General, Assam; and Mr. K. P. Pathak, learned standing counsel, Assam Power Distribution Company Limited, appearing on behalf of their respective respondents.
2. The present intra-Court appeal has been instituted by the appellant, herein, assailing the judgment & order, dated 04.06.2019, passed by the learned Single Judge in WP(c)4798/2014, dismissing the same, thereby, refusing to interfere with the orders impugned therein.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:
The appellant, herein, is a partnership Firm duly registered under the Indian Partnership Act, 1932, having its principal business and factory at Industrial Growth Centre, Chattabari, Chaygaon, in the District of Kamrup, Assam. The appellant is involved in the business of manufacture and sale of Iron Ingots.
On establishment of the said factory of the appellant; it had applied before the respondent authorities, for sanction of necess
The court upheld the validity of the assessment bill for unauthorized use of electricity based on proven tampering of meters, affirming the appellate authority's findings.
The court affirmed the learned Single Judge's dismissal of the writ petition, citing the existence of an alternative remedy under the Electricity Act and adherence to Supreme Court precedents on mete....
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 appellate authority under Section 127 of the Electricity Act, 2003 cannot enhance an assessment bill without a cross-appeal and must adhere to principles of natural justice, including providing n....
The court affirmed that unauthorized use of electricity was established through tampering with the meter, justifying the final assessment bill under the Electricity Act.
The assessment of unauthorized electricity use necessitates adherence to connected load guidelines, with special consideration given to meter tampering issues under Section 126 of the Electricity Act....
Electricity - Unauthorized use of electricity - Assessment of electricity charge contemplated in this section is immediately after disconnection but before lodging complaint and that too for the purp....
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