O R D E R :

Questioning the action of Respondents 2 to 7 –

TSSPDCL in disconnecting Service Connections No. D9021254, D9018422 and D9011843 without there being any dues, petitioner is before this Court.

2. Facts leading to filing the Writ Petition are as follows:

Petitioner is a resident of Defense Colony, Langer House and his father had applied for four electrical service connections vide D9021254, D9018422, D9011843 and S9042424 and since allotment, they have been paying bills regularly without any default.

While so, though petitioner’s mother was owner, petitioner received demand notice dated 09.06.2021 which reveals that date of inspection was 12.04.2018, as per demand notice, his mother paid Rs. 3000/- on 09.06.2021. It is stated that the 9th respondent registered Crime No. 1060 of 2021 alleging pilferage of electricity in Service Connection No. S9042424. In fact, the said service connection meter was burnt and the tenants residing therein immediately intimated to the authority concerned, who identified the defect and advised them to change the defect meter; after receiving necessary charges, the authority had replaced the new electrical meter in the place of damaged meter. The 9th respondent demanded petitioner to pay Rs. 1,16,004/- as assessed by the 8th respondent without giving either notice or copy of assessment.

It is stated, the Assistant Engineer, Langer House issued notice on 01.10.2018 by calling any person to be present at the time of MRT testing on 12.10.2018 at MRT Lab, Mint Compound but after lapse of more than two years, petitioner received Notice dated 09.06.2021 which revealed that date of inspection was 12.04.2018 and Crime No. 1060 of 2021 was registered against petitioner though he was not the owner of the house as well as service connection. The said notice demanded to pay Rs. 3000/- as compounding fee and it was paid on 09.06.2021 as the authority threatened that they would disconnect electrical supply if the said amount is not paid. The said notice revealed that there was an assessment of Rs. 1,16,004/-. The authority did not issue any notice before assessment of the said amount or copy of assessment after registering the crime. The authority highhandedly assessed the said amount, thought they had not committed theft. According to petitioner, Respondents 2 to 7 intentionally disconnected their service connections by violating the principals of natural justice, that too beyond two-year period. If there is any amount due, they have to issue notice within the period of limitation.

The Hon'ble Apex Court categorically held in Civil Appeal No.1672 of 2020 that electricity department has no power to collect the due beyond the two-year period.

It is stated that, if the alleged theft occurred, the Authority has to intimate petitioner immediately, then they would have taken necessary action against their tenants. In fact, there was no theft and the authority has placed the defective meter as it was burnt. The other meters have been running in good condition only the defective meter was burnt. As such, petitioner is not liable for the alleged assessment amount. If the authority identified the theft, they have to register a case against the tenant since there was a rental agreement subsisting.

It is further stated that respondent authorities came to the house of petitioner on 24.11.2021 and demanded to pay Rs. 20,000/- as first instalment out of the assessed amount of Rs. 1,16,004/-, otherwise they would disconnect their service connections. When petitioner refused their demand, the subject service connections were disconnected illegally. Later, they had restored the service connections as per request of their ward council and they had given time to pay the amount. Hence, the Writ Petition.

3. This Court on 02.09.2022 directed that no coercive steps should be taken till the next date of hearing and the said interim order was thereafter, extended until further orders.

4. Seeking vacation of the said order, TSSPDCL has t