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2007 Supreme(Jhk) 59

Jharkhand High Court
N.N.Tiwari, J.
Stan Commodities Pvt.Ltd., Through One Of Its Directors Pawan Kumar Poddar - Appellant
Versus
Jharkhand State Electricity Board Through Its Chairman - Respondent
WP(C) No. 109 Of 2007
Decided On : 1 February, 2007

Headnote:Electricity Act, 2003 – Sections 56, 126 and 135 – disconnection of electricity supply on the allegation of tampering of seals of meter box – disconnection can not be done without giving notice and permission of the board – direction to restore the supply. (Paras 12,14,17 and 18)

JUDGMENT

Narendra Nath Tiwari, J.

1. In this writ application the petitioner has prayed for a direction on the respondents to restore its electrical connection which has been disconnected on 3.1.07 after the inspection/meter reading held in its premises on that date. The petitioner has also sought for a direction on the respondents not to raise any punitive bill without giving any opportunity of hearing to the petitioner and also for quashing the inspection report/meter reading report dated 3.1.07.

2. The petitioner is a small scale industry manufacturing M S steel ingots at Adityapur Industrial Area, Adityapaur, Jamshedpur. According to the petitioner, it entered into an agreement with the Jharkhand State Electricity Board for supply of electrical energy having a contract demand of 1200 K.V.A. Subsequently, the meter of the petitioner had become defective which was replaced by the Board on 7.10.06. It has been stated that every month a team of the officers of the Board consisting of 6-10 officials used to come and take reading of the petitioners meter. The last inspection was held on 5.12.06. On that date, a team of five senior officials of the Board made inspection and prepared meter reading report. All the old seal bits of the Door, Meter Box and T P were removed and new seal beats were affixed. It has been stated that the petitioner has been making payment of the bills raised for consumption of electrical energy from time to time. On 3.1.07 at about 12.30 P.M a team of officers again inspected the petitioners meter and took the meter reading. But, it was alleged that some of the seals were tampered and were not original seals. From the survey report of the M.R.I data it also appeared that from 17.12.06 till 3.1.07 the load consumption was less than what it was prior to 17.12.06. An F.I.R was lodged in Gamharia Police Station alleging pilferage and theft of energy causing loss to the Board to the tune of about Rs. 2,40,00000/-. The case was registered under Section 135 of the Electricity Act, 2003 (hereinafter referred to as the said Act) read with Section 379 I.P.C. The petitioners electrical connection was also disconnected on 3.1.07 without giving the petitioner any prior notice regarding the alleged tampering etc and without giving the petitioner any opportunity of hearing. The petitioner denied the allegation of interference with the seals.

3. According to the petitioner, the allegation of tampering with the meter and other allegations have been deliberately made, only in order to harass and humiliate the petitioner with ulterior motive. The grievance of the petitioner is that the abrupt disconnection of the electric supply of the industry has caused sudden closure of the industry and the petitioner has been put to suffer huge loss with various civil consequences and the said arbitrary and the said penal action of the respondents without giving any notice and any opportunity of hearing to the petitioner is wholly arbitrary, unjust and violative of principle of natural justice. It has been stated that the respondents have also got no arbitrary power to raise any bill putting an imaginary amount as the penal dues. The said action of the respondents is also violative of Sections 56, 126 & 135 of the Electricity Act, 2003 and the same is wholly illegal and whimsical.

4. Mr. Y.V. Giri, learned Sr. counsel appearing on behalf of the petitioner submitted that the petitioner is a consumer of the electricity supplied by the respondents and he has been paying the electric bills regularly. The petitioners meter was regularly inspected. There was no allegation of tampering with the seals of the meter or any other seal on the last inspection held on 5.12.06. He further submitted that on 3.1.07 the meter was inspected and meter reading was taken but without giving any notice of the alleged tempering and any opportunity to explain on the alleged interference with the seals and causing loss of about two Crores and fifty Lakhs, not only
















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