Deputy Engineer, (O And M) Dakshin ... vs Daliben Janakbhai Chaudhary
2022 Latest Caselaw 4201 Guj

      C/SCA/7193/2022                           ORDER DATED: 18/04/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 7193 of 2022

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     DEPUTY ENGINEER, (O AND M) DAKSHIN GUJARAT VIJ COMPANY
                             LIMITED
                              Versus
                 DALIBEN JANAKBHAI CHAUDHARY
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Appearance:
MS RAZIA A RATHOD FOR MS LILU K BHAYA(1705) for the Petitioner(s)
No. 1
for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                            Date : 18/04/2022

                               ORAL ORDER

1. The writ-applicant herein, under Article 226 of the Constitution of India has sought for the following relief/s:-

"9(A) To allow this petition.

(B) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the judgment and order dated 9.1.2020 passed by the Assistant Electrical Inspector-2 and Appellate Authority, Surat in Appeal No. 8/2018-19 vide order No.SVN/SRT/APL/127/2020 and confirm the bill for Rs.39,531.00 issued by the petitioner.

(C) To stay, the execution, implementation and

C/SCA/7193/2022 ORDER DATED: 18/04/2022

operation of the judgment and order dated 9.1.2020 passed by the Assistant Electrical Inspector-2 and Appellate Authority, Surat in Appeal No. 8/2018-19 vide order no. SVN/SRT/APL/127/2020 pending admission, hearing and final disposal of this petition.

(D) To grant ad-interim relief in terms of Para- 9(C) herein above.

(E) To award the cost of this petition.

(F) To grant such other and further relief as may be deemed fit by this Hon'ble Court in the interest of justice."

2. The respondent No.1 is consumer of the writ applicant with contracted load of 32 KW for industrial purpose under NRGP Tariff. On 19.5.2018, the meter was replaced on account of no display. On checking load, the writ applicant found that there was connected load of total 45.987 KW as against the contracted load of 32 KW. The checking sheet dated 19.5.2018 is duly produced at Annexure B. The respondent No.1 was booked for unauthorized use of electricity under Section 126 of the Electricity Act, 2003 and a provisional bill amounting to Rs.39,531/- by letter dated 7.7.2018 for additional unauthorized load of 13.980 KW came to be issued by the respondent authority. The respondent No. 1 preferred

C/SCA/7193/2022 ORDER DATED: 18/04/2022

Appeal under Section 127 of the Electricity Act, 2003 before the respondent No.2 by depositing 50% of the bill amount. The appellate authority by impugned order dated 9.1.2020 quashed and set aside the supplementary bill raised by the writ applicant dated 7.7.2018. The said order passed by the appellate authority is duly produced at annexure-A page 14.

3. In view of the fact that the disputed amount payable by the respondent herein being a meager amount of Rs.39,531.00, this Court is not inclined to entertain the present writ application.

4. This Court has otherwise not gone into the merits of the matter. However, the amount sought to be recovered by the writ applicant being a meager amount of Rs.39,531.00, no interference is called for. The writ application is not entertained and the same stands dismissed accordingly.

Sd/-

(VAIBHAVI D. NANAVATI,J) SURESH SOLANKI