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Madhya Pradesh High Court · body

2001 DIGILAW 517 (MP)

Chandu Lal v. State of M. P.

2001-07-18

R.B.DIXIT, S.P.SRIVASTAVA

body2001
Short Note It has been urged that there has been no request by the consumers for change of the meter already installed by the respondent-Board for ascertaining the registration of the amount of energy supplied to the consumer and without getting determined the fact as to whether the new meter sought to be installed is a correct meter as envisaged under the Explanation to section 26(7) of the Indian Electricity Act by the Competent Authority following the procedure prescribed and further contrary to the provisions contained in section 54 of the Electricity (supply) Act. 1948 the Board/respondent is forcing consumers for installation of a new electronic meter. Taking into consideration the facts and circumstances as brought on record including the facts noticed here-in-above we are satisfied that sufficient ground has been made out for the grant of an interim relief. Accordingly. it is directed that the respondents shall not force the installation of a new electronic meter on the consumer without first getting it certified from the concerned Electrical Inspector the Competent Authority that it is a correct meter as envisaged under the Indian Electricity Act and further that there is a request from the consumer for the change of the meter already installed on coming to the conclusion that such meter is not a correct meter and that too after following the prescribed procedure until further orders. Learned counsel for the caveators. who has been supplied with a copy of the writ petition along with its annexures. prays for and is granted one week's time to file counter-affidavit/return in opposition to the writ petition. List the writ petition for further orders immediately thereafter.