1. Petitioner having obtained electrity connections bearing No. 1180 & 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-l to make recovery from the petitioner Rs. 39,396/-. Petitioner's 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 being defendant in the suit