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2012 Supreme(All) 2116
ALLAHABAD HIGH COURT
Ashok Bhushan, Sunita Agarwal, JJ.
Birla Aircon -Appellant
Versus
District Magistrate, Meerut and Others -Respondent
Writ C No. 33308 of 2012
Decided On : 23-08-2012
Counsel for the Petitioner: Chetan Chaterjee.
Counsel for the Respondent: C.S.C. , Nipendra Mishra.
The main legal point established in the judgment is the requirement for sufficient evidence and materials to determine the extent of premises occupied by the parties involved in a dispute, especially in cases involving recovery proceedings and sealing of premises.
Headnote:
Electricity Supply - Sealing of Premises - Indian Partnership Act, U.P. Electricity Supply Code - Section 2(15), Section 2(50), U.P. Electricity Supply Code, 2002, U.P. Electricity Supply Code, 2005
Fact of the Case:
The petitioner, a partnership firm, sought a writ of mandamus to remove the seal at its factory premises and to compensate for the loss due to the sealing. The dispute arose when the revenue officials sealed the premises of M/s Beeco Electricals India, and the petitioner's premises located behind it, due to unpaid electricity dues by M/s Beeco Electricals India.
Finding of the Court:
The court found that the sealing of the premises was in connection with the recovery of electricity dues owed by M/s Beeco Electricals India. It directed the petitioner to submit a detailed objection before the Collector, along with relevant materials, to be considered within three weeks. The Collector was also directed to obtain necessary reports, including spot inspections, before deciding the objection.
Issues: The main issue was whether the sealing of the premises included the petitioner's premises and whether the recovery proceedings against M/s Beeco Electricals India extended to the petitioner's premises.
Ratio Decidendi: The court held that more evidence and materials were required to determine the extent of the premises occupied by M/s Beeco Electricals India and the petitioner. It directed the petitioner to raise objections and submit materials before the Collector for consideration.
Final Decision: The writ petition was disposed of, granting the petitioner the liberty to submit a detailed objection before the Collector, to be considered and decided within three weeks. The parties were to bear their own costs.
Heard Sri Chetan Chatterjee and Sri Mayank Agrawal for the petitioner, Sri Nripendra Mishra appearing for respondents No.5 and 6 and Smt. Archana Srivastava, learned Standing Counsel appearing for respondents No.1, 2 and 3.
2. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of learned counsel for the parties, the writ petition is being finally decided.
3. By this writ petition, the petitioner, a partnership concern, has prayed for a writ of mandamus commanding the respondents No.1, 2 and 3 to remove the seal at the factory premises of the petitioner (149, Opposite Old Delhi Chungi, Delhi Road, Meerut) and further to compensate the petitioner.
4. Brief facts of the case, which emerge from the pleadings of the parties, are; the petitioner is a partnership firm registered under the Indian Partnership Act and engaged in manufacturing and export of Water Cooler, Water Cooler Kit, Refrigerating material, Room Cooler and Sheet Metal Parts. The petitioner did not take any electricity supply from respondents No.5 and 6 and claimed to have installed two generators. M/s Beeco Electricals India is also carrying out manufacturing business at 280, Delhi Road, Meerut City. M/s Beeco Electricals India was found to be engaged in unauthorised use of electricity in the year 2007 consequent to which assessment was made against M/s Beeco Electrical India for an amount of Rs.26,54,671/-. The recovery certificate dated 25th May, 2011 was sent by the Executive Engineer against M/s Beeco Electricals India for the aforesaid amount to be recovered as arrears of land revenue. M/s Beeco Electricals India challenged the aforesaid assessment unsuccessfully before this Court as well as before the Apex Court. The Executive Engineer on 17th May, 2012 wrote to the Collector, Meerut that recovery be proceeded against M/s Beeco Electricals India for an amount of Rs.26,54,671/- in view of the finalisation of the assessment against M/s Beeco Electricals India after the order of the Apex Court passed in Special Leave to Appeal (Civil) No.14883 of 2008, dated 10th October, 2011. On 26th June, 2012 the revenue officials sealed the premises of M/s Beeco Electricals India including the premises of the petitioner which is located just behind the premises of M/s Beeco Electricals India. The petitioners claims to be a separate entity having its registration with Directorate of Industries, Government of U.P. through registration certificate dated 25th August, 1994. In the registration certificate the factory premises is mentioned to be located at 149, Purani Delhi Chungi, Delhi Road, Meerut. The petitioner claims to have submitted a representation dated 3rd July, 2012 to the Collector, Meerut and dated 6th July, 2012 to the Tahsildar and the Executive Engineer praying that seal put by revenue officials be removed so that petitioner's industry may start. The petitioner thereafter filed the present writ petition in this Court on 12th July, 2012 praying for following relief:-
"a. issue a writ, order or direction in the nature of mandamus commanding the respondents No.1 to 3 to forthwith remove the seals at the factory premises of petitioner including the generators.
b. issue a writ, order or direction in the nature of mandamus commanding the respondents to restitute/compensate the petitioner for the loss, damage, harm, mental agony and trauma to the reputation of the petitioner including the financial loss which has been suffered by it due to illegal act of the respondents in sealing the factory premises of the petitioner."
5. A counter affidavit has been filed on behalf of respondents No.5 and 6 and also on behalf of respondents No.1, 2 and 3. The respondents No.5 and 6 in its counter affidavit have submitted that electricity supply was given to M/s Beeco Electricals India by order dated 26th May, 2004 at the premises 149 (New No.280), Delhi Road, District Meerut. A checking was conducted on 10th December, 2007 on the
