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2014 Supreme(All) 336

ASHOK BHUSHAN, MAHESH CHANDRA TRIPATHI
SANDEEP KESARWANI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ved Prakash Mishra for the Petitioner; C.S.C. and Mahboob Ahmad for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—The petitioner, a consumer of electricity has filed this writ petition challenging the recovery proceedings initiated against him vide citation dated 19.11.2013, for recovery of electricity dues amounting to Rs. 8,49,173/- which electricity dues have been assessed by the respondent No. 4 on the basis of checking report dated 8.3.2011, of the petitioner’s premises.

Counter and rejoinder affidavits have been exchanged between the parties, and with the consent of the learned counsel for the parties, the writ petition is being finally decided.

2. Brief facts which emerge from pleadings of the parties are:

The petitioner had obtained an electric connection. On 8.3.2011, a checking was conducted at the petitioner’s premises and in the checking the petitioner was found indulging in theft of electricity through L.T. Lines without meter. The petitioner was found utilising electricity for commercial purpose. An F.I.R. was lodged against the petitioner on 8.3.2011, under Section 135 of the Electricity Act, 2003 (hereinafter called the “Act, 2003”). On the basis of the F.I.R. lodged, a charge-sheet was submitted and Case Crime No. 53/2011, was registered again

























































































































































































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