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2012 Supreme(All) 1318

SUDHIR AGARWAL
VENUS STONE CRUSHING – Appellant
Versus
U. P. POWER CORPORATION – Respondent


Advocates:
Counsel :
Rakesh Kumar Shukla for the Petitioners; Rajesh Tripathi, H.P. Dubey and C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri Rakesh Kumar Shukla, learned counsel for the petitioner and Sri H.P.Dube for the respondents. The pleadings having been exchanged, with the consent of learned counsel for the parties, I proceed to decide this writ petition finally at this stage under the Rules of the Court.

2. The writ petition is directed against the order dated 22.9.2011 passed by respondent No. 3 as also consequential recovery proceedings pursuant to the aforesaid order.

3. The petitioner is a Stone Crushing Unit situated at Village Ram Nagar, Post Office Chirgaon, District Jhansi. It had obtained an electric connection bearing No. 1801/037231 with contracted load of 99 HP i.e. 73.85 KW. The petitioner claimed of having made a complaint of non proper functioning of the meter in the month of July 2003. The respondents authorities changed the meter on 21.8.2003 issuing a sealing certificate, (a copy whereof is Annexure 1 to the writ petition).

4. The petitioner was issued a notice dated 16.10.2003 by Executive Engineer, E.D.D.-II, Jhansi (hereinafter referred to as “Assessing Officer”) referring to the sealing certificate dated 21.8.2003 and the check meter report, and










































































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