The main legal point established in the judgment is the applicability of the provisions of the Indian Electricity Act, 1910 and the Electricity Act, 2003 to the pending dispute, and the directive to resolve the matter before the Forum for Redressal of the Consumers.

( 1 ) PETITIONER Manoj Rajani has filed this petition under Article 226 of the constitution of India whereby sought relief for quashing of supplementary bill of Rs. 68,740/- issued by respondents vide Annexure P. 12. For decision of this petition, necessary facts are as follows.

( 2 ) THAT the petitioner had electric connection in his name at a building situated at 569/1, M. G. Road, Rajani Bhawan, indore. His consumer Number is 800506. On 28-9-1999, Inspector, Flying Squad No. 14, MPEB, City Indore came to the premises of the petitioner and in his presence inspected the electric meter No. 350607 and found slow working of one phase. The inspector took away the said meter and thereafter new meter was installed. Annexure P. 1 is the inspection report duly signed by the inspector, Flying Squad as well as the petitioner. On 17-2-2000, petitioner received the supplementary bill of Rs. 68,740/-, Annexure P. 2 and P. 2a is the copy of this bill. On 2-3-2000 employees of the respondents took away the cut out of the meter causing non supply of electricity. The petitioner approached respondents whereupon they asked him to pay the part of the amount of supplementary bill i. e. Rs. 35. 000/- which he deposited on 3-3-2000. It is further contended by the petitioner that respondents issued threat to disconnect the electric supply in the event of non-payment of balance amount of supplementary bill. Photostat copy of deposit receipt of Rs. 35,000/- is filed as Annexure P. 3 and reconnection was done. Ex. P. 4 is the charges of reconnection. The petitioner issued notice {annexure P. 5)dated 14-3-2000 to the respondents for referring the matter to Electric Inspector as per provision u/s. 26 (6) of the Indian Electricity Act, 1910 (for brevity "the Old Act")because if there is any dispute regarding correctness of the meter between the consumer and the MPEB the same shall be decided by the electrical inspector. Copy of this notice (Annexure P. 5) was also served upon the Electrical Inspector, Indore. But the respondents have not taken any heed of the request made by the petitioner by sending the notice Annexure P. 5 and issued demand letter Annexure P. 12 dated 12-6-2000 and the same was received by the petitioner on 6-7-2000. In this demand letter, the threat for disconnecting the electric supply was given to the petitioner if within three days from the date of receipt of letter/notice (Annexure P. 12), remaining amount was not deposited. Upon receiving this demand letter (Annexure P. 12), the petitioner filed the instant writ petition and this High Court by order dated 7-8-2000 issued direction as an interim measure that electric connection of the petitioner shall not be discontinued. ( 3 ) THE respondents have appeared i through their Advocate and filed the reply wherein it is submitted that the petitioner was involved with malpractice and dishonestly as well as fraudulently, committed theft of electricity by stopping the one "r" Phase. Therefore, the question of referring the matter to electric inspector as per provision u/ s. 26 (6) of the Old Act would not arise. In the return, respondents have given the reference of number of decisions by Apex Court and this High Court as well as other High courts of this country to strengthen their submission that if the consumer has committed theft of electricity by stopping the meter/any phase or by illegal interference in the meter and electric connection, the matter would not be referred to electric inspector for deciding the dispute between the consumer and the MPEB.

( 4 ) THE petitioner has filed the rejoinder dated 12-11-2000 contending that at the time of inspection of the meter and preparation of panchnama as well as in demand notice and other documents it was no where alleged by the respondents against the petitioner for commission of theft of electricity by illegal, fraudulent and dishonest interference contrary to the provisions, rules and regulations of the MPEB with the electric connection a

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