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Jharkhand High Court · body

2008 DIGILAW 931 (JHR)

Vaishnavi Steel Industries v. Jharkhand State Electricity Board

2008-08-13

D.G.R.PATNAIK

body2008
Order In this writ application, the petitioner has prayed for a direction to the respondents to restore the electric connection which has been disconnected after an inspection made at the premises of the petitioner on 27.5.2008, on alleged theft of electricity. It is stated that while disconnecting the electric connection of the petitioner, the respondents have arbitrarily assessed the tentative loss to the respondent-JSEB to the tune of rupees eighty lacs and subsequently penal assessment has been made in which a sum of Rs. ,11,840/- has been raised as the amount payable by the petitioner. 2. Learned counsel for the petitioner submits that the manner in which the inspection was made and the amount of penal charges which has been assessed and raised, are totally arbitrary, illegal and contrary to the provisions of law. It is further submitted that since there is a provision in the Electricity Act for preferring appeal against the final order of assessment under Section 127 of the Act. the petitioner would prefer the appeal after depositing 50% of the amount raised in the bill. Learned counsel refers to several judgments of this Court and submits that this Court has passed orders under similar circumstances, directing the consumer to deposit certain percentage of the total assessed amount of penal charges and on such payment the electricity was directed to be restored. The petitioner prays for a similar relief in this case also. 3. Learned counsel for the respondent-JSEB submits that counter affidavit has been filed on behalf of the JSEB wherein the matters have been explained in detail. An inspection was made at the premises of the petitioner and it was found that the meters were tampered and by process of tampering, theft of electric energy was detected and the liability was, therefore, imposed upon the petitioner. 4. Learned counsel by referring to proviso of sub-clause 1 (a) of Section 135 of the Act submits that as per the aforesaid provision, it is incumbent upon the consumer to deposit the entire amount of the finally assessed bill for restoration of electricity. Learned counsel further submits that in a similar case where a Single Bench had directed the consumer to deposit the entire assessed amount, the matter was referred before the Division Bench. The L.PA was dismissed by the Division Bench upholding the findings of the learned Single Judge. Learned counsel further submits that in a similar case where a Single Bench had directed the consumer to deposit the entire assessed amount, the matter was referred before the Division Bench. The L.PA was dismissed by the Division Bench upholding the findings of the learned Single Judge. However, a relief was granted to the consumer directing him to pay the entire amount in installments. 5. Considering the entire facts and circumstances, the petitioner shall deposit 50% of the total assessed amount within one week from the date of this order. He shall deposit the remaining 50% in two installments at the interval of one month. The first installment of 25% of the balance amount shall be paid by the end of September, 2008 thereafter the remaining 25% shall be paid by the end of October, 2008. On the deposit of the first 50% being made by the petitioner, the respondent shall forthwith restore the electric connection to the petitioner's premises. 6. In the event the appellate forum records a finding that the amount payable by the petitioner is less than what has been assessed by the JSEB and if any excess amount has already been paid by the consumer beyond what is due, the JSEB shall forthwith refund the excess amount to the petitioner. 7. Needless to say that the restoration of the electric connection to the premises of the petitioner shall be subject to the conditions stated above. 8. With these observations, this writ application is disposed of.