Mr. Anil Dev Singh, J. ( 1 ) TWO issues arise in this case-one relates to thevalidity of the disconnection notices. Annexures A-15 to A-17 and the other relatesto the supplementary bills. Annexure A-12 to A-14 and A-18/a. These bills wereissued on the basis of an inspection report dated 11. 10. 91. The said reportmentions the fact allegedly revealed to the department in the inspection. One ofthe items relates to the alleged unauthorised use of a compressor of 16 horsepower. According to the petitioner, the said compressor was not in use and waslying in open. While as per the respondents, the assessment and disconnectionnotices are made on the basis that the said compressor was in use. One of thequestions that arises for consideration is whether even assuming that thepetitioner was using additional load beyond sanction, orthis compressor, whetherthe respondents could levy the charges for three years. The question thatnecessarily has also to be decided is as to whether even if the compressor wasbeing used unathorisedly, whether it was being used for full three years. According to the respondents, the seals were found to be tempered with, but asper the petitioner s representation dated 13. 10. 91 all the seals were O. K. and nonehad been tampered with. ( 2 ) WE are of the view that before the disconnection notices were issued, adetailed show cause notice ought to have been issued to the petitioner as to themanner in which the demand had been arrived at. It was not proper for therespondents to have straightway issued a demand notice on the basis of theinspection report. ( 3 ) SO far as the additional load which was sanctioned, but not actuallygranted is concerned, learned Counsel for the respondents stated that the matterwill be examined by the department as to why further action was not taken. ( 4 ) IN the result, the writ petition is allowed and the impugned noticesmentioned above and the bills mentioned above are quashed, but this will notpreclude the respondents from issuing a detailed show cause notice mentioning asto the manner in which the demand is arrived at and then calling for an explanationfrom the petitioner after giving reasonable time. After receiving the explanationfrom the petitioner, a hearing will be granted and then a reasoned order will bepassed by the respondents.
After receiving the explanationfrom the petitioner, a hearing will be granted and then a reasoned order will bepassed by the respondents. So far as the additional load sanctioned is concerned,the respondents are directed to look into the matter and take appropriate actionin accordance with law within six weeks from the date of receipt of this order. ( 5 ) THE show cause mentioned above will be issued to the petitioner withintwo weeks from today and the entire matter will be disposed of within six weeksthereafter. ( 6 ) IF the petitioner deposits Rs. I lakh in two instalments, namely Rs. 50,000within two weeks from today and Rs. 50,000 within two weeks thereafter, therespondents will restore the electricity connection subject to the result of theinquiry mentioned above. It is made clear that these payments would bewithoutprejudice to the contentions of the petitioner. Writ petition stands disposed of accordingly.