Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Cachar Alloys – Appellant
Versus
Assam Power Distribution Company Limited – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. B. K. Das, the learned counsel appearing on behalf of the Petitioner and Mr. K. P. Pathak, the learned Standing counsel appearing on behalf of the Respondent Nos.1 to 6.
2. The petitioner herein has assailed the Inspection Report dated 01.10.2021, the seizure list dated 01.10.2021 and the FIR dated 08.12.2021.
The petitioner further has challenged the order dated 29.04.2022 passed by the learned Appellate Authority for Assam Power Distribution Company Limited (APDCL) as well as the order dated 15.06.2022 passed by the learned Appellate Authority for APDCL in Review Petition filed by the AGM, IRCA, Cachar against the order dated 29.04.2022. The petitioner further has sought for refund of the electricity bill amounting to Rs.76,45,218/-.
3. For deciding as to whether the petitioner herein is entitled to the reliefs as have been sought for in the present petition, this Court finds it pertinent to take note of the brief facts which led to the filing of the present writ petition.
MATERIAL FACTS:
4. The Petitioner herein is engaged in the business of manufacturing of M.S. ingots. For that purpose, the Petitioner had taken an electricity connection from t
The court affirmed that unauthorized use of electricity can be assessed under Section 126 even when theft is alleged, highlighting the distinction between Sections 126 and 135 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....
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 is that the CESC Limited acted within its jurisdiction in conducting parallel proceedings under Sections 126 and 135 of the Electricity Act, 2003, and the petitioner'....
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 has no authority to pass any order regarding assessment of liability and penalty against a consumer if proceedings for theft under Section 135 of the Electricity Act, 2003 are i....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
