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2013 Supreme(All) 2736

TARUN AGARWALA
TORRENT POWER LTD. – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ashutosh Srivastava for the Petitioner; C.S.C. and M.L. Jain for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—The petitioner is a distribution franchise of Dakshinanchal Vidyut Vitran Nigam Ltd. and is authorised to operate and maintain the distribution system for supplying electricity to the consumers in the urban areas of Agra. Respondent No. 3 is a consumer of electricity having obtained a sanctioned load of 7.5 KVA for domestic purposes. It transpires that an inspection was carried out on 19th September, 2011 at the premises of respondent No. 3 and it was found that respondent No. 3 was using the domestic connection for commercial purposes, namely, for office purposes. Since the consumption of energy was being used unauthorisedly for a purpose other than for what it was given, a report was submitted by the inspection team for unauthorised use of electricity. Based on this inspection report, a provisional assessment was made by the petitioner under Section 126 of the Electricity Act, 2003 (hereinafter referred to as the Act of 2003) demanding a sum of Rs. 42,266.30. The respondents, instead of filing an appeal under Section 127 of the Act of 2003, filed an application before the Permanent Lok Adalat for the quashing of the assessment bill as well as th






































































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