Gujarat High Court
Deputy Engineer, Madhya Gujarat Vij ... vs Marut Haresh Shah on 10 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/956/2023 ORDER DATED: 10/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 956 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 7979 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
In R/LETTERS PATENT APPEAL NO. 956 of 2023
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R/LETTERS PATENT APPEAL NO. 957 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 8011 of 2021
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 957 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 8011 of 2021
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R/LETTERS PATENT APPEAL NO. 958 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 7998 of 2021
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 958 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 7998 of 2021
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R/LETTERS PATENT APPEAL NO. 959 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 8015 of 2021
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
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R/SPECIAL CIVIL APPLICATION NO. 8015 of 2021
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R/LETTERS PATENT APPEAL NO. 960 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 8013 of 2021
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 960 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 8013 of 2021
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R/LETTERS PATENT APPEAL NO. 961 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 7997 of 2021
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 961 of 2023
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NEUTRAL CITATION
C/LPA/956/2023 ORDER DATED: 10/07/2025
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R/SPECIAL CIVIL APPLICATION NO. 7997 of 2021
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R/LETTERS PATENT APPEAL NO. 962 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 7993 of 2021
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 962 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 7993 of 2021
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R/LETTERS PATENT APPEAL NO. 963 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 7994 of 2021
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 963 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 7994 of 2021
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R/LETTERS PATENT APPEAL NO. 964 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 7999 of 2021
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 964 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 7999 of 2021
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R/LETTERS PATENT APPEAL NO. 965 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 7982 of 2021
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 965 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 7982 of 2021
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R/LETTERS PATENT APPEAL NO. 966 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 8000 of 2021
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 966 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 8000 of 2021
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R/LETTERS PATENT APPEAL NO. 967 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 7980 of 2021
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 967 of 2023
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R/SPECIAL CIVIL APPLICATION NO. 7980 of 2021
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NEUTRAL CITATION
C/LPA/956/2023 ORDER DATED: 10/07/2025
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DEPUTY ENGINEER, MADHYA GUJARAT VIJ COMPANY LTD.
Versus
MARUT HARESH SHAH & ANR.
==========================================================
Appearance:
MR CHINMAY M GANDHI(3979) for the Appellant(s) No. 1
MR RATHIN P RAVAL(5013) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 10/07/2025
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. This set of intra-court appeals are directed against the common judgment and order dated 09.02.2023 passed by the learned Single Judge whereby a set of writ petitions filed by the appellant herein namely Madhya Gujarat Vij Company Limited challenging the appellate authority's orders under Section-127 of the Indian Electricity Act, 2003, have been dismissed.
2. We may record that the proceedings initiated by the appellant - company for unauthorized use of electricity was based on the checking report dated 07.02.2020 of the premises known as 'Shreeji Apartments'. The checking report Page 3 of 6 Uploaded by A. B. VAGHELA(HC01079) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 21:33:57 IST 2025 NEUTRAL CITATION C/LPA/956/2023 ORDER DATED: 10/07/2025 undefined appended at page 23 of the paper-book simply records that the premises in question is a residential apartments and 12 apartments owned by the same person namely respondent no.1 herein, are being used as service apartments, thereby the case of change of user from residential to commercial purpose has been made out in the checking-sheet dated 07.02.2020. However, the fact remains that apart from the statement made in the checking-sheet by the checking officer, there is no other evidence on record nor any such evidence has been collected to arrive at the conclusion that the apartments in question were being used as service apartments by the owner namely respondent no.1 herein.
3. We may further note that the respondent no.1 had filed objection to the provisional bills on 28.02.2020 which have been dealt with before issuance of the final bills. The respondent no.1 even made 50% deposits towards final bills and further asked for the checking-sheet, which according to the counsel for the appellant was duly supplied. Statutory appeals were filed on 15.06.2020 which have been allowed by separate orders of the same date i.e. 24.07.2020. It was recorded by the appellate authority and the learned Single Page 4 of 6 Uploaded by A. B. VAGHELA(HC01079) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 21:33:57 IST 2025 NEUTRAL CITATION C/LPA/956/2023 ORDER DATED: 10/07/2025 undefined Judge that there was absolutely no evidence on record, which would substantiate the averment in the checking-sheet dated 07.02.2020 that the apartments in question were being used as service apartments, for commercial purpose on the date of checking by the officer concerned. A screenshot of a social media page is appended at page 28 of the paper-book to submit that the apartments known as "Shreeji Apartments"
were being used as service apartments. It is vehemently submitted by the learned counsel for the appellant that the respondent no.1 is still using the said apartments as service apartments and he did not permit the checking officer to enter into the premises. As a result of which the report was submitted on 07.02.2020.
4. However, the fact remains that there has been no proper inspection of the premises in question. No efforts have been made on behalf of the appellant - company to take appropriate steps for proper checking of the premises before arriving at a decision of unauthorized use of electricity. The respondent no.1 has denied usage of the apartments in question for commercial purposes. Be that as it may, in absence of any substantial material on record to establish the Page 5 of 6 Uploaded by A. B. VAGHELA(HC01079) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 21:33:57 IST 2025 NEUTRAL CITATION C/LPA/956/2023 ORDER DATED: 10/07/2025 undefined averment made in the checking sheet dated 07.02.2020 of the apartments in question being used for as service apartments [for commercial purpose], it is not possible for us to attach any illegality to the order passed by the learned Single Judge which affirms the decision of the appellate authority.
5. We, therefore, do not find any merit in the appeals. The appeals are dismissed, accordingly.
However, in view of the submissions made by the learned counsel for the appellant - company, suffice is to note that it would be open for the appellant - company to make a fresh inspection strictly in accordance with law. The dismissal of the writ petition or the present set of appeals by this order will not come in the way of the appellant company in making a fresh inspection in accordance with law.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) A. B. VAGHELA Page 6 of 6 Uploaded by A. B. VAGHELA(HC01079) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 21:33:57 IST 2025