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2019 Supreme(Jhk) 291

SUJIT NARAYAN PRASAD
Sukh Sagar Metals (P) Limited – Appellant
Versus
Jharkhand Urja Vikas Nigam Limited through its Chairman cum Managing Director – Respondent


Advocates Appeared:
For the Petitioner: M/s. M.S. Mittal, Sr. Adv. & Saket Upadhyay, Adv.
For the Respondents: M/s. Navin Kumar & Dheeraj Kumar, Adv.

JUDGMENT :

This writ petition is under Article 226 of the Constitution of India, wherein the following direction has been sought:

(I) The respondent may be directed to forthwith restore the electricity connection of the petitioner which has been illegally disconnected on 15.02.2019 on mere suspicion of theft of electricity, in absolute contravention of the specific provision of Electricity Act, 2003 as well as Clause 11.12 of the Electricity Supply Code Regulation, 2015 issued by the Jharkhand State Electricity Regulatory Commission.

(II) To quash the provisional assessment order issued by the respondent no.4 vide memo no.651 dated 19.02.2019 whereby and whereunder without following the provisions of Clause 11.12, 11.14 and 11.09 of the Supply Code Regulation 2015, without giving any opportunity of hearing, have imposed penalty upon the petitioner.

(III) To quash the inspection report dated 15/16.02.2019 whereby and whereunder the respondents have prepared a concocted report with a sole purpose to any how book the petitioner for theft of electricity.

2. The brief facts of the case o


























































































































































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