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SUJIT NARAYAN PRASAD
Jharkhand State Electricity Board through its Law Officer, Sri Arun Kumar Srivastava s/o. Late Ramakant Lal – Appellant
Versus
Bajrang Bali Cement Company, through one of its partner, Rajesh Kr. Sinha – Respondent
JUDGMENT :
1. The writ petition is under Article 226 of the Constitution of India against the order dated 15.04.2008 passed by the respondent no.2, Electrical Superintending Engineer, Hazaribagh, Jharkhand State Electricity Board (now JUVNL), whereby and whreunder, on the basis of the average consumption taken from a tampered meter has reduced the amount to Rs.4,55,624/- from Rs.18,29,846/- as mentioned in the FIR lodged at Kuju Police Station by the licensee.
2. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated, reads as under:
The petitioner is a licensee-cum-transmission utility and the officials of the petitioner inspected the premises of the respondent no.1 on 18.02.2008 and on inspection, it was found that all the seals associated with the CT box of meter body were tampered and thereafter, an inspection report was prepared by the said team.
Thereafter, the connection of the petitioner was also disconnected in view of Section 135(1-A) of the Electricity Act, 2003, hereinafter referred to as the Act, 2003.
Pursuance to the inspection, an FIR was also lodged on the same day against the petitioner u/s 135 (1-A) of the Act, 20
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.
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The assessment of electricity charges in cases of theft or unauthorized use of electricity must follow the procedure under Section 126 of the Act, 2003. The court emphasized the importance of procedu....
The main legal point established in the judgment is that the lack of communication of assessment orders to the consumer deprived the consumer of the opportunity to contest the orders, rendering any d....
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'....
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