Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KALYAN RAI SURANA, SUSMITA PHUKAN KHAUND
Tribeni Metalloys Pvt. Ltd., Represented By One Of Its Authorized Director Sri Pradyumna Jalan, S/o. Sri Dindayal Jalan – Appellant
Versus
Assam Power Distribution Company Limited, Represented By Its Chairman-Cum-managing Director – Respondent
JUDGMENT :
K.R. Surana, J.
Heard Mr. P.K. Sarma, learned counsel for the appellant. Also heard Mr. K.P. Pathak, learned standing counsel for the respondents.
2) This intra-court appeal is to assail the judgment and order dated 13.10.2025, passed by the learned Single Judge in W.P.(C) 2608/2019, thereby dismissing the said writ petition filed by the appellant.
Appellants case in brief:
3) The appellant herein is that the appellant company has an industrial unit, having connected load of 2310 KW., drawing electricity power from the Assam Power Distribution Co. Ltd., (APDCL for short), the respondent no.1 herein. It has been projected that the APDCL had carried out usual inspection of the metering system of the appellants on 08.04.2019, but no anomalies were found. However, another inspection was carried out on 11.04.2019 at about 3.30 pm, and allegedly detected tampering of the metering system and a report to that effect was prepared on 11.04.2019. The representative of the appellants had made a remark on the inspection note to the effect that a false case was made out against them, and all seals were intact, but those seals were cut, broken and tampered by the inspecting team to frame a
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 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 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.
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 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 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,....
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
