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2002 DIGILAW 603 (JHR)

Satish Bakshi v. Bihar State Electricity Board

2002-05-14

SUDHANSU JYOTI MUKHOPADHAYA

body2002
JUDGMENT S.J. Mukhopadhaya, J. 1. This writ petition has been preferred by petitioner for issuance of an appropriate writ in the nature of prohibition prohibiting the respondents Nos. 1 to 4 from levying any charges and raising any bill towards electricity charges after disconnection of electric supply on 29th of May, 2000 in relation to consumer No. P-5150 of which the actual consumer is the Post & Telegraph Dispensary, (P & T Dispensary for short), a tenant in a portion of petitioners house. 2. The case of the petitioner is that the electrical connection bearing consumer No. P-5150 is standing in the name of his father who died about 20 years back in the year 1978. The house is in occupation of P&T Dispensary of Government of India since 31st of March, 1995. Inspite of repeated requests, the name of the consumer has not been changed in the name of P&T Dispensary, though, the bill amount used to be paid by the Chief Medical Officer, P&T Dispensary since April, 1995. 3. The Union of India through the Post Master General (Southern Region), Doranda, Ranchi appeared and filed affidavit. It is accepted that a portion of petitioners premises was taken on hire after finalization of tender and execution of lease between the petitioners and the respondent No. 5 for P&T Dispensary, Ranchi w.e.f. 30th of March, 1995. It is further stated that at the time of shifting of the Dispensary the P&T Deptt. informed the Board that the meter No. P-5150 was out of order. Thereafter, the electricity bill was fixed by the Board at 200 units per month, total amount of which was about Rs. 276/-which was being paid on monthly basis. The respondent P&T Deptt. continued to pay Rs. 276/- per month for 200 units only. 4. The further case of respondent No. 5 is that the working hours of P&T Dispensary, Ranchi is from 7 a.m. to 1 p.m. i.e. for 6 hours dally, except Sunday and Holiday, for this small working period, electricity charges like Rs. 276 per month for 200 unit is not justified. In that view of the matter, the Assistant Engineer, Electricity Board, Kokar, Ranchi was requested on 23.3.1999 to make an assessment for installation of a separate meter in the rented portion of P&T Dispensary. 276 per month for 200 unit is not justified. In that view of the matter, the Assistant Engineer, Electricity Board, Kokar, Ranchi was requested on 23.3.1999 to make an assessment for installation of a separate meter in the rented portion of P&T Dispensary. It is alleged that the Board instead of taking steps for installation of a separate meter, in a most arbitrary manner hiked the units on fixed basis from 200 to 720 units per month wrongly showing the load of 5 K.W. sifted of 1 K.W., without changing the name of erstwhile occupier. 5. From the stand as taken by respondent No. 5, it is evident that the P&T Dispensary, Ranchi is running in a portion of petitioners house and the meter No. P-5150 though standing in the name of deceased person but the bill amount is being paid by respondent No. 5 for the P&T Dispensary. 6. In the aforesaid background there is no difficulty to direct the competent authority of the Electricity Board to change the meter in the name of Chief Medical Officer, P&T Dispensary, Ranchi and they are directed accordingly. The Assistant Electrical Engineer, Electric Supply Subdivision, Kokar is directed to change the meter and the name of consumer as Chief Medical Officer, P&T Dispensary, Ranchi as and when, the requisite fee and due amount, if any, is deposited by the respondent No. 5, or on its behalf. 7. The counsel for respondent No. 5, raised dispute relating to bill amount having raised as "Commercial Supply" (CS for short). Mr. Jha, counsel for the respondent No. 5 submitted that the tenant being a "Dispensary" the Board should treat it a domestic consumer and should charge accordingly. He placed reliance on Supreme Court decision, in "New Delhi Municipal Council v. Sohan Lal Sachdev", reported in (2000) 2 SCC 494 and a decision of Madhaya Pradesh High Court in "Shiv Narayan and Anr. v. M.P. Electricity Board and Ors., reported in AIR 1999 MP 246. However, the aforesaid submission was opposed by the council for the Electricity Board, who relied on 1993 tariff to suggest that a Government Dispensary is also to be treated as Commercial Category (CS for short). He further submitted that in the inspection made on 23.4.1998 the meter No. P-5150 was found stopped and three phase connection was found in the premises. He further submitted that in the inspection made on 23.4.1998 the meter No. P-5150 was found stopped and three phase connection was found in the premises. The applicability of domestic service and non-domestic both have been stipulated under 1993 tariff schedule as quoted hereunder : The Tariff Schedule Low Tension Supply Domestic Service (Symbol : DS) 1. Applicability--For the use for domestic purpose including domestic pumping set and household electric appliances in private residence such as Radios, Fans, Televisions, Desert Coolers, Air-Conditioners, Motors upto BHP for lifting water for domestic purposes and other household electrical appliances not covered under any other schedule. This rate is also applicable where the supply is used in religious institutions such as Temples, Gurudwaras, Mosques, Church and Burial/Crematorium grounds and other recognized charitable institutions. Non-Domestic, Light, Fan and Power Service 1. Applicability--For use for Lights, Fans and Power loads non-domestic purpose like shops, hospital (Private or Government) Clinic, Nursing Home, Restaurants, Clubs, Workshops, Central Air Conditioning Unit, office (Private or Central/State Governments and their undertaking). Dispensaries, Show rooms, Commercial Establishments, Cinema, X-ray Plants, School and College (Private or Government), Boarding, Lodging Houses, Libraries (Private or Government), Defence installations, Recognised Research Institutions, Hotels, Railway Stations, Fuel-oil Stations (including Vehicle Service Station). All India Radio/T.V. Installation, Printing Presses, Housing Co-operative Societies for availing power. Common Services in Multistorted Building, Universities, Trust, Museum, Poultry Farms, Banks and such other installations not covered under any Tariff Schedule). 8. On plain reading of applicability of domestic service it is clear that the dispensaries (Government or Private) do not fall within the category of domestic service. However, an institution which is a recognized charitable institution, can claim for charge under domestic service if it can satisfy the authority concerned. In the present case the respondent No. 5 has not brought on record any evidence to suggest that the P&T Dispensary, Ranchi is a recognized charitable institution. In absence of such evidence the respondent No. 5 can not claim benefit of Domestic Service. 9. With the aforesaid observations/ directions, this writ application is disposed of.