Deputy Engineer (O And M), Dakshin ... vs Mittalbhai Kanjibhai Dhami
2022 Latest Caselaw 1517 Guj

      C/SCA/2719/2022                                 ORDER DATED: 09/02/2022



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
           R/SPECIAL CIVIL APPLICATION NO. 2719 of 2022
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      DEPUTY ENGINEER (O AND M), DAKSHIN GUJARAT VIJ
                        COMPANY LIMITED
                              Versus
                 MITTALBHAI KANJIBHAI DHAMI
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Appearance:
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 : 09/02/2022

                              ORAL ORDER

1. Heard Ms. Lilu K. Bhaya, the learned counsel appearing for the writ-applicant.

2. The present writ-application under Article-226 of the Constitution of India is directed against the judgment and order dated 19.03.2021 passed by the Appellate Authority and Electrical Inspector, Surat in Appeal No. 03/2018-19 vide order No. VN/ SRT/ APL/03/444/2018-19 quashing and setting aside the bill issued by the writ-applicant to the tune of Rs.1,03,075.60 ps. and directing the writ-applicant to issue revised supplementary bill for additional unauthorized load for fixed charges at single rate and also to issue the unauthorized load used for construction purpose as per tariff for change of tariff.

3. Ms. Lilu K. Bhaya, the learned counsel appearing for the writ-applicant submitted that the respondent no.2 had

C/SCA/2719/2022 ORDER DATED: 09/02/2022

misinterpreted the Clause-4.95 of the Electricity Supply Code, 2015, which does not allow the consumer to use the electricity unauthorizedly. It is not the case where the consumer had asked for enhancement of load and application was pending on record. Therefore the question of regularization of the load does not arise and the consumer was found to be using unauthorized load nearly 100% of the contracted load.

4. The amount however is merely a meagre amount of Rs.1,03,075.60 ps. as issued by way of supplementary bill dated 19.03.2018. The amount in question being very meagre amount, this Court deems it fit not to exercise its extraordinary jurisdiction, so far as the said amount is concerned.

5. In view of the smallness of amount, this Court is not inclined to intervene in the writ-application. The writ-application stands dismissed accordingly. It is however, clarified that this Court has otherwise not assessed the writ-application on merits.

(VAIBHAVI D. NANAVATI,J) Pradhyuman