( 1. ) PETITIONER having obtained electricity connections bearing nos. 1180 and 1555 from M. P. State Electricity Board (earlier known as M. P. Electricity Board) is a consumer of electricity. The premises of the petitioner was raided by the flying squad of the respondent Board and a bill was raised against him which was revised to Rs. 23,351/- and Rs. 16,045/-, vide demand notice dated 3-7-1998 marked as Annexure P-2. Pursuant thereto, the Executive engineer (Vigilance) of Electricity Board requested the Executive Engineer vide Annexure P-1 to make recovery from the petitioner of Rs. 39,396/ -. Petitioners premises was raided thrice during the period from 1990 to 1998, and sum of Rs. 46,736/- against Service Connection No. 1180 and Rs. 73,702/-against Service Connection No. 1555, was found recoverable from the petitioner. The petitioner deposited merely Rs. 39,396/- against the amount due from him.

( 2. ) WHEN the balance money to the tune of Rs. 81,069/-was sought to be recovered, the petitioner instituted Civil Suit No. 2-A/2003 in the Court of civil Judge Class- I, Lakhnadon, District Seoni, for perpetual injunction and refund of Rs. 40,703/ -. The Electricity Board bein