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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Sundernagar Integrated Rural Development Association (SIRDA) – Appellant
Versus
Himachal Pradesh State Electricity Board Ltd. – Respondent
| Table of Content |
|---|
| 1. background of unauthorized use inspection and assessments (Para 2 , 3 , 4 , 5) |
| 2. parties dispute inspection procedure compliance (Para 6 , 7) |
| 3. court examines original inspection records (Para 8 , 9 , 10) |
| 4. statutory requirements for inspection reports under supply code (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. no on-site inspection report prepared or served (Para 20 , 21 , 23 , 24 , 25) |
| 6. mandatory procedures vitiate non-compliant assessments (Para 26 , 27 , 29) |
| 7. orders quashed for procedural violations (Para 30 , 31) |
Ajay Mohan Goel, J.
By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-
“A. Writ of Certiorari may kindly be issued for the quashment of Judgment Orders passed by Ld. Divisional Commissioner Mandi, in Case No. 38/2015 decided on dated 3-6-2016 vide Annexure P-3 and consequent, Notice dated 21-7-2016 vide Annexure P-11 wherein he has concurred with the final Assessment Orders dated 6-1- 2015 passed by Assistant Executive Engineer, H.P.S.E.B. Ltd. Sub Division Sunder Nagar, District: Mandi, H.P vide Memo NO. HPSEBL/E4/2014-2472-74. As the same was inflicted upon the petitioner's society withou
Mandatory procedural compliance in electricity inspections under Supply Code requires on-site preparation and service of inspection report; non-compliance, including no proper report or alternative s....
Provisional assessment under Electricity Act Section 126 invalid without inspection of consumer premises or records maintained by consumer; licensee’s internal MRI/consumer records insufficient basis....
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.
Inspection under Section 126 Electricity Act vitiated if site mahazar prepared by Sub-Engineer instead of designated Assistant Engineer Assessing Officer.
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 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.
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