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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
General Manager, Rosekandy Tea Estate – Appellant
Versus
State Of Assam And Ors. Represented By The Commissioner And Secretary To The Government Of Assam, Department Of Power – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. M. Saikia, the learned counsel appearing on behalf of the Petitioner in both the writ petitions and Mr. B. Chowdhury, the learned Standing counsel appearing on behalf of the Respondents in both the writ petitions.
2. Both the writ petitions are interrelated and as such taken up for disposal by this common judgment and order.
PREFACE:
3. The Petitioner has assailed the order passed by the learned Appellate Authority dated 08.12.2023 in Appeal No.4/2023 in WP(C) No.81/2024. The reassessment bill so prepared in pursuance to the order passed by the learned Appellate Authority dated 08.12.2023 in Appeal No.4/2023 i.e. the Bill dated 30.12.2023 is the subject matter of challenge in WP(C) No.646/2024.
BRIEF FACTS:
4. A Tea Estate in the name and style of Rosekandy Tea Estate is a consumer of the Assam Power Distribution Company Limited (for short ‘APDCL’) under the Cachar Electrical Circle since 1978 in the category of HT, Tea, Coffee and Rubber etc.
5. It is relevant to take note of that in the year 2010, an agreement was entered into by and between the Rosekandy Tea Estate (hereinafter referred to as ‘the Petitioner's Tea Estate’) with APDCL. In terms wi
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Electricity - On a reading of Section 126 of the Act, 2003 and Regulation 27A, it is clear that a clear cut procedure is prescribed for dealing with unauthorised load, and merely because the Billing ....
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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).
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