C/SCA/9400/2021 JUDGMENT DATED: 09/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9400 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 3204 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9406 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9408 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9410 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9412 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9414 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9416 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9401 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9402 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9403 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9418 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9419 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9404 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9405 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9407 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9409 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9413 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9445 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9446 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9451 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9454 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9465 of 2021
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C/SCA/9400/2021 JUDGMENT DATED: 09/02/2023
With
R/SPECIAL CIVIL APPLICATION NO. 9466 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9471 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9472 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9473 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9474 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9475 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9476 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9477 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 9415 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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DEPUTY ENGINEER, MADHYA GUJARAT VIJ COMPANY LTD.
Versus
HARESH K SHAH
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Appearance:
MR CHINMAY M GANDHI(3979) for the Petitioner(s) No. 1
MS NIKITA C GANDHI(11570) for the Petitioner(s) No. 1
MS RUMI M GANDHI(3472) for the Petitioner(s) No. 1
MR.ROHAN SHAH, AGP for the Respondent(s) No. 2
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C/SCA/9400/2021 JUDGMENT DATED: 09/02/2023
MR RATHIN P RAVAL(5013) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 09/02/2023
COMMON ORAL JUDGMENT
1. Heard Mr.Chinmay Gandhi learned advocate for the petitioners and Mr.Rathin Raval learned advocate for respondent no.1 and Mr.Rohan Shah learned AGP for the respondent State.
2. By way of these petitions under Articles 226 and 227 of the Constitution of India, the challenge by the petitioner-Madhya Gujarat Vij Company Limited is to the orders passed by the Appellate Authority respectively by which appeals filed by the respondent consumers have been allowed.
3. For the purposes of this judgement, facts of Special Civil Application No.3204 of 2021 need to be considered.
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4. It was a case of the electricity company that on checking done on 27.01.2020, the respondents were found to be using electricity connections unauthorizedly, a provisional bill was therefore given on 30.01.2020 and admittedly the final assessment was done within a period of 30 days on 28.02.2020. The Appellate Authority was approached by filing appeal on 12.06.2020. Perusal of the order would indicate that the case of the respondent before the Appellate Authority was that the premises were used for residential purpose and that there was no unauthorized use of electricity.
5. Mr.Rathin Raval learned counsel appearing for the respondent no.1 would submit that since the orders are in the nature of similar facts as recorded in the matters decided today in Special Civil Application No.7979 of 2021 and allied Page 4 of 7 Downloaded on : Fri Feb 10 20:49:56 IST 2023 C/SCA/9400/2021 JUDGMENT DATED: 09/02/2023 matters, there is no reason to interfere with the order of the Appellate Authority.
6. A perusal of the order of the Appellate Authority when read in terms of the assessment of evidence and the provisions of the Electricity Act, 2003 viz. 126(3) and 126(4) thereof, there is no discussion on the aspect of whether there was any breach of the provisions of the supply code viz. specially clauses 7.29 and 7.46 thereof which were reproduced by the order of the Appellate Authority and are, for the benefit of the order, read as under:
"7.29 The report shall be signed by the Authorized Officer / Accessing officer, each member of the inspection team and by the consumer fails to sing the report, then the same has to be recorded in the inspection report and the report must be handed over to the consumer or his / her representative at site immediately under proper receipt. In case of refusal by the consumer or his / her representative to either accept or give a receipt, a copy of inspection report shall be pasted at a conspicuous place in / outside Page 5 of 7 Downloaded on : Fri Feb 10 20:49:56 IST 2023 C/SCA/9400/2021 JUDGMENT DATED: 09/02/2023 the premises and photographed simultaneously the report shall be sent to the consumer under Registered Post / Speed Post on the same day or the next day of the inspection.
...
7.46 Reclassification of consumer category: If it is found that a consumer has been classified in a particular category erroneously or any order of reduction or enhancement of Contract Demand has been obtained, the Distribution Licensee may reclassify him under appropriate Category offer issuing notice (With minimum notice period of thirty days) to him to execute a fresh Agreement on the basis of the altered reclassification or modified contract demand."
7. After recording of the respective contentions, the Appellate Authority has without any detailed discussion allowed the appeal. This is a case which is one that cannot be compared to the group decided earlier on this date inasmuch as here admittedly, the assessment orders are within the period of 30 days in accordance with Section 126 of the Act.
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8. For the aforesaid reasons, the orders of the Appellate Authority are set aside only on the ground of being without reasons. The orders of the Appellate Authority in the respective petitions of the respective dates are hereby quashed and set aside. The proceedings are remanded to the respective Appellate Authority to decide them afresh on the basis of the material available on record with the liberty to the parties to take the contentions that are available to them in accordance with law.
9. The Appellate Authority on remand shall decide the matter afresh within six months from the date of receipt of coy of this order.
10. All these petitions are partly allowed.
(BIREN VAISHNAV, J) ANKIT SHAH Page 7 of 7 Downloaded on : Fri Feb 10 20:49:56 IST 2023