Gujarat High Court
Tausifmohammed Nazirkhan Ghasura vs State Of Gujarat on 6 February, 2024
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
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C/SCA/17478/2023 ORDER DATED: 06/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17478 of 2023
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 17478 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 17492 of 2023
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TAUSIFMOHAMMED NAZIRKHAN GHASURA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR ARVIND NAIR with MR NIMESH M PATEL(6780) for the Petitioner(s) No.
1
MS SURBHI BHATI, AGP for the Respondent(s) No. 1
MS LILU K BHAYA(1705) for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 06/02/2024
ORAL ORDER
1. The challenge in both the writ-applications is issuance of
impugned notices under Section 135 of the Electricity Act,
2003 dated 20/22.9.2023 for recovery of alleged electricity
theft committed by deceased father - Nazirkhan Nathekhan
Ghasura of both the writ-applicants, for Consumer
No.73049/06743/8 of Rs.21,17,321.07 for the assessment period
4.10.2016 to 18.8.2023, the writ-applicants being brothers. The
writ-applicant - Tausifmohammed Nazirkhan Ghasura of
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Special Civil Application No.17478 of 2023 resides at Gulmohar
Bungalows No.2, Sukhbag Road, Palanpur having Consumer
No.73049196513. The writ-applicant - Ulfatkhan Nazirkhan
Ghasura of Special Civil Application No.17492 of 2023
resides at F-27/28, New Aman Park Society, Sukhbag Road,
Palanpur having Consumer No.73049221674.
In light of the aforesaid, both the writ-applications are
heard together and common order is passed in both the writ-
applications.
2. Leave to amend the prayer clauses in respective writ-
applications and the civil application is granted and the same
to be carried out forthwith.
3. By way of Special Civil Application No.17478 of 2023
filed under Article 226 of the Constitution of India, the writ-
applicant - Tausifmohammed Nazirkhan Ghasura had prayed
for the following reliefs:
"(A) YOUR LORDSHIP may be pleased to admit and allow
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this petition.
(B) YOUR LORDSHIP may be pleased to issue a writ of
mandamus, or any other appropriate writ, order or direction
quashing and setting aside the notice dated 22/09/2023
(Annexure-A) by holding that the present petitioner is not
liable for the alleged electricity theft committed by deceased
father.
(C) Pending the admission and final hearing of the present
petition, YOUR LORDSHIP may be pleased to pass an order
restraining the respondent no.2 from initiating any further
recovery measures against the petitioner by citing the
petitioner as a legal heir;
(D) That any other and/or further relief that may be
deemed fit in the facts and circumstances of the present
petition may please be granted, in the interest of justice."
4. The brief facts of the Special Civil Application No.17478
of 2023, reads as under:
4.1 The writ-applicant of the aforesaid writ-application
resides separately from deceased father - Nazirkhan Nathekhan
Ghasura since more than one year. The bills of the property
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where the writ-applicant herein is residing is duly produced at
Annexure-B.
4.2 The writ-applicant's father expired on 16.9.2022. The
death certificate is duly produced at Annexure-C. Subsequent to
the aforesaid, the writ-applicant herein came to be issued
impugned notice on 20/22.9.2023 under Section 135 of the
Electricity City Act, 2003 directing payment of electricity dues
from legal heirs alleging theft committed by the father of the
writ-applicant herein. While the writ-applicant herein resides
at separate premises, the respondent authority called upon the
writ-applicant herein to make the payment of electricity dues
as legal heirs of deceased father - Nazirkhan Nathekhan
Ghasura of the writ-applicant herein.
4.3 The writ-applicant's premises were also searched and
meter was taken for inspection, wherein in respect of the same
form was also signed by the writ-applicant herein.
4.4 Pursuant to the said notice, the respondent disconnected
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the connection of the writ-applicant herein where the writ-
applicant's deceased father was residing as also the separate
premises where the brother of the writ-applicant herein is
residing. The writ-applicant was informed by the brother of the
writ-applicant.
4.5 The writ-applicant herein was issued notice under Section
135 of the Electricity Act, 2003 alleging theft of electricity. As
the Respondent no. 2 has acted upon the said notice for
recovery of electricity dues of the premises, at Ground F-28/29
New Aman park, Sukhbag Road, Palanpur, belonging to the
father of the writ-applicant bearing Electricity Consumer
No.73049067438, by disconnecting the electricity supply of the
premises at 2 Gulmohar Society, Sukhbag Road, Palanpur,
belonging to the writ-applicant bearing Electricity Consumer
No.7304916513.
4.6 The writ-applicant had preferred the civil application
seeking following reliefs:
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"A) YOUR LORDSHIPS may be pleased to allow this
application;
B) YOUR LORDSHIPS may be pleased to direct the
respondent no. 2 authority herein to restore the electricity
connection of the premises of the petition, where he is
presently residing at i.e. Gulmohar Bungalows No. 2, Sukhbag
Road, Palanpur, being Consumer No.73049196513 ;
C) Any other and further relief that may be granted in
the interest of justice;"
5. Similarly, by way of Special Civil Application No.17492
of 2023 filed under Article 226 of the Constitution of India the
writ-applicant herein - Ulfatkhan Nazirkhan Ghasura has
prayed for the following reliefs:-
"(A) YOUR LORDSHIP may be pleased to admit and allow
this petition.
(B) YOUR LORDSHIP may be pleased to issue a writ of
mandamus, or any other appropriate writ, order or direction
quashing and setting aside the notice dated 20/09/2023
(Annexure A) by holding that the present petitioner is not
liable for the alleged electricity theft committed by deceased
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father.
(C) YOUR LORDSHIP may be pleased to issue writ or order
or direction upon respondent no.2 to restore the electricity
connection qua the premises of present petitioner having a
separate residential unit identified as a different consumer
being Consumer Number 73049221674.
(D) Pending the admission and final hearing of the present
petition, YOUR LORDSHIP may be pleased to pass an order
restraining the respondent no.2 from initiating any further
recovery measures against the petitioner by citing the
petitioner as a legal heir;
(E) Pending the admission and final hearing of the present
petition, Your lordships may be pleased to direct the
respondent authority to forthwith adjudicate and decide the
application dated 18.09.2023 for restoration of electricity at
the residential premises of the petitioner.
(F) That any other and/or further relief that may be
deemed fit in the facts and circumstances of the present
petition may please be granted, in the interest of justice."
By interim order dated 6.10.2023 the prayers in terms of
Para-9(E) came to be granted directing the respondent
authority to adjudicate and decide the application dated
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18.9.2023 for restoration of the electricity connection at the
residential premises of the writ-applicant.
6. The brief facts of the Special Civil Application no. 17492
of 2023, reads as under:
6.1 The present writ-applicant - Ulfatkhan Nazirkhan
Ghasura and his father - Nazirkhan Nathekhan Ghasura were
living in a multistory building at F-28/29 New Aman Park,
Sukhbag Road Palanpur, in two different residential units, at
First Floor and Ground Floor respectively. The present writ-
applicant was residing at first floor of the said building bearing
Consumer No.73049221674.
6.2 Pursuant to the inspection dated 18.08.2023 of the
premises in the name of the father of the writ-applicant
bearing electricity Consumer No.73049067438, the respondent
No.3 had issued a notice to the deceased father of the writ-
applicant which is duly produced at Annexure-D, under Section
135 of the Electricity Act, 2003, alongwith the supplementary
Bill dated 04.09.2023 for the Consumer No.73049067438 to the
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tune of Rs.21,17,321.07/- for the alleged theft of electricity
during the Assessment Period from dated 04.10.2016 to
18.08.2023.
6.3 After, the electricity supply was disconnected with
respect to the father's unit at Ground Floor on 01.09.2023, the
electricity supply of the writ-applicant's residential unit at first
floor was also discontinued by the respondent No.2, for being
the legal heir, on 12.09.2023. The writ-applicant herein made
representations to the respondent No.2 to restore the electricity
connection qua the writ-applicant's unit on 14.9.2023 and
18.9.2023 which is duly produced at Annexure-E. In response
to the same, a fresh notice dated 20.9.2023 came to be issued
by the respondent No.3 demanding payment of bill/penalty
amount imposed on the writ-applicant's deceased father from
the writ-applicant. The said notice dated 20.9.2023 is duly
produced at Annexure-A.
6.4 Being aggrieved by the impugned notice dated 20.9.2023
issued to the writ-applicant, the writ-applicant herein has
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approached this Court for setting aside the impugned notice
and for resumption of electricity supply at his premises being
First Floor, F-28/29 New Aman Park, Sukhbag Road Palanpur,
bearing Electricity Consumer No.73049221674.
7. Heard Mr. A.V. Nair, the learned advocate appearing for
the writ-applicants, Ms. Surbhi Bhati, the learned AGP
appearing for the respondent No.1 - State and Ms. Lilu Bhaya,
learned advocate appearing for the respondents No.2 and 3.
8. Mr. A.V. Nair, the learned advocate appearing for the
writ-applicants submitted that for the supplementary Bill and
notices issued under Section 135 of the Act qua the alleged
theft committed in respect of the Premises bearing the
Consumer No.-73049067438 in the name of the writ-applicant's
father to the tune of Rs.21,17,321.07 for the assessment period
04.10.2016 to 18.08.2023, the writ-applicants could not be
held liable for just being legal heirs, more so when they are
residing separately.
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8.1 Mr. Nair has placed reliance on Regulation 4.72(iv) of
the Supply Code, 2015 to draw an analogy that electricity dues
payable to the licensee creates charge on the premises and not
on the legal heirs of the consumer, who are residing
separately. It was submitted that for the dues payable on
behalf of the writ-applicant's deceased father-Nazirkhan
Nathekhan Ghasura, the impugned notices have been issued
under Section 135 of the Act on 20.9.2023 and 22.09.2023
respectively, and the electricity connection of the writ-
applicant's premises have been disconnected, which are having
separate and distinct consumer numbers i.e. 73049221674 and
73049196513. It was submitted that in view of the aforesaid,
when the writ-applicants are not holding the consumer No.
73049067438, and the same being in the name of writ-
applicant's deceased father, the writ-applicants cannot be held
liable for dues payable that are of deceased father.
Accordingly, it was submitted that the prayers as prayed may
be granted.
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9. Ms. Lilu Bhaya, the learned advocate appearing for the
respondents No. 2 and 3 placed reliance on the affidavit-in-
reply filed by the respondents No.2 and 3 in the Special Civil
Application No.17492 of 2023. It was submitted that common
reply is filed for answering the averments raised in both the
writ-applications.
9.1 It was submitted that the notices in question dated
20.9.2023 and 22.09.2023 are issued under Section 135 of the
Electricity Act, 2003 and that writ-applicants can be relegated
to avail alternative remedy under Section 154 of the Electricity
Act. It was further submitted that one of the writ-applicant
herein was present at the time when the checking was
undertaken and is also signatory to the panchnama. The
another writ-applicant, being his brother, remained present at
the time of laboratory inspection and the laboratory inspection
report is signed without any protest. The MRI data reveals that
the meter was tampered from 4.10.2016 and theft was
committed since then. The connection was in view thereof
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disconnected on 1.9.2023, thereupon supplementary bill was
issued in the name of consumer Ghasura Nazirkhan Nathekhan
on 5.9.2023 for Consumer No.73049067438 to the tune of
Rs.21,17,321.07.
9.2 It was submitted that since the supplementary bill was
not paid the officers of the respondent checked another
connection on 12.9.2023 which was on the first floor of the
premises bearing Consumer No.73049221674 in the name of
the writ-applicant Ghasura Ulfatkhan Nazirkhan, wherein it
was found that with the help of black colour wire electricity
was being illegally supplied in the connection to the Consumer
No.73049067438. The aforesaid results in theft of electricity in
spite of issuance of bill. The writ-applicant did not pay the bill
and in view thereof the respondent issued notice under Section
56(1) of the Act calling upon the writ-applicant to pay the bill
within 15 days. This Court by order dated 6.10.2023 granted
interim relief in terms of para-9(E) to the writ-application to
adjudicate and decide the application dated 18.9.2023 for
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restoration of electricity in residential premises. In due
compliance of the order dated 18.9.2023 the writ-applicant was
informed that the writ-applicant and his brother were
committing theft of electricity and the writ-applicant's
connection was disconnected.
9.3 It was submitted that upon inspection of the premises of
the writ-applicant - Tausifmohammed Nazirkhan Ghasura at 2
Gulmohar Society, Sukhbag Road, the theft of electricity was
detected to the tune of Rs. 1,90,013.13/- for the Consumer no.
73049196513, and accordingly the electricity supply was
disconnected.
9.4 It was submitted that criminal complaint is also filed by
the respondent authority against both the brothers. Since the
consumer i.e. father has expired, both the brothers are liable
to pay the said bill being legal heirs for which notices under
Section 135 of the Electricity Act, 2003 have also been issued
but the bill has not been paid with respect to deceased father
- Nazirkhan Nathekhan Ghasura for Consumer
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No.73049/06743/8 of Rs.21,17,321.07 for the assessment period
4.10.2016 to 18.8.2023. The writ-applicant was also informed
that if the writ-applicant wants to approach CGRF, the writ-
applicant can do so by paying 50% of the outstanding amount
bill due and payable.
9.5 It was submitted that the writ-applicant of the Special
Civil Application No.17492 of 2023 Ulfatkhan Nazirkhan
Ghasura failed to pay supplementary bill issued by the
respondent authority on 12.9.2023 for Consumer
No.73049/22167/4 with the help of black colour wire
electricity was being illegally supplied in the connection with
the Consumer No.73049/06743/8. Reliance was placed on
Rojkam dated 12.9.2023. Reliance was also placed on the
photographs showing the commission of theft and in view
thereof the supply of electricity connection bearing Consumer
No.73049/22167/4 was disconnected on 12.9.2023.
9.6 It was submitted that notice came to be issued under
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Sec.56(1) of The Electricity Act,2003 on 20.9.2023 calling upon
the writ-applicant of the Special Civil Application No.17492 of
2023 i.e. Ulfatkhan Nazirkhan Ghasura to pay the bill within
15 days, but the said amount remained unpaid. It was
submitted that pursuant to the order dated 6.10.2023 whereby
interim relief came to be granted in terms of Para-9(E) of the
writ-application to adjudicate and decide the application dated
18.9.2023 for restoration of electricity at the residential
premises of the writ-applicant, the said representation of the
writ-applicant came to be decided by the respondent authority.
The writ-applicant was informed that the writ-applicant and his
brother both were committing theft of electricity and therefore
writ-applicants' electricity connection was disconnected. It was
submitted that a criminal complaint is filed against both the
brothers and since the consumer i.e. father of writ-applicants
had died, both the brothers are liable to pay the said bill
being legal heirs and for which notice has been issued but the
said bill has remained unpaid.
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9.7 It was submitted that it was also informed that the
statement of the writ-applicants that there are no outstanding
dues of the UGVCL is incorrect. It was submitted that the writ-
applicant was also informed that if the writ-applicant were to
approach the CGRF, it is open for the writ-applicant to do the
same by depositing 50% of the outstanding amount. Reliance
was placed on the said communication dated 13.10.2023 issued
by the respondent No.3 which is duly produced at Annexure-
R7.
9.8 It was submitted that though Ghasura Nazirkhan
Natthekhan has passed away on 16.9.2022, the writ-applicants
have not intimated the respondent about the same and did not
get transferred the connection in their name. At the time of
checking, writ-applicant's wife Sabanaben Ulfatkhan was
present and she had signed the checking sheet.
9.9 Placing reliance on the aforesaid submissions Ms. Bhaya,
the learned advocate submitted that the writ-applicant be
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relegated to avail alternative remedy if the writ-applicant is
aggrieved by issuance of the impugned bill under Section 154
of the Act.
9.10 Ms. Bhaya, the learned advocate lastly submitted that
though father - Nazirkhan Nathekhan Ghasura has passed
away on 16.9.2022, the writ-applicant or his brother has not
intimated the respondent about the same and have not got
transferred the connected in their names. At the time of
checking, the writ-applicant's wife Sabanaben Ulfatkhan was
present and she has signed the checking-sheet. It was
submitted that not only that, at the time of laboratory
inspection of the meter the writ-applicant of the Special Civil
Application No.17478 of 2023 Tausifmohammed Nazirkhan
Ghasura was present and had signed the checking-sheet.
10. Mr. Nair, the learned advocate, in rejoinder to the
submissions advanced by Ms. Bhaya, the learned advocate
appearing for the respondent authority, submitted that though
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the writ-applicant of the Special Civil Application No.17478 of
2023 i.e. Tausifmohammed Nazirkhan Ghasura pursuant to the
representation filed by the writ-applicant herein deposited the
entire amount outstanding dues pursuant to the supplementary
bill to the tune of Rs.1,90,014/- with respect to the meter of
the writ-applicant bearing Consumer No.73049196513.
10.1 It was submitted that though there are no outstanding
dues qua the said consumer number, the electricity connection
is still disconnected and the same is not restored. It was
submitted that the residence of the writ-applicant is a separate
residence and the writ-applicant is residing at Gulmohar
Bungalows No.2, Sukhbag road, Palanpur, Banaskantha. The
electric connection of the said premises has also been
disconnected.
10.2 The Special Civil Application No.17492 of 2023 is filed
by other brother i.e. Ulfatkhan Nazirkhan Ghasura. The writ-
applicant of the said writ-application is also aggrieved by
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issuance of the impugned notice under Section 135 of the Act
whereby identical to the writ-applicant in the earlier Special
Civil Application No.17478 of 2023 supplementary bill is issued
to the writ-applicant under Section 135 of the Act and FIR is
also filed of the said premises i.e. the premises of deceased
father with Consumer No.73049221674. It appears that the
writ-applicant resides at First Floor F-27/28, New Aman Park
Society, Sukhbag Road, Palanpur. There are no dues payable
by the writ-applicant of the said consumer number.
11(A) At this stage, it is apposite to refer to Section 135
of the Electricity Act, 2003 which reads thus :-
"SECTION 135 : Theft of electricity :-
"(1) Whoever, dishonestly,-
(a) taps, makes or causes to be made any connection with
overhead, underground or underwater lines or cables, or service
wires, or service facilities of a licensee or supplier, as the case
may be; or
(b) tampers a meter, installs or uses a tampered meter, current
reversing transformer, loop connection or any other devise or
method which interferes with accurate or proper registration,
calibration or metering of electric current or otherwise results in a
manner whereby electricity is stolen or wasted; or
(c) damages or destroys an electric meter, apparatus, equipment, or
wire or causes or allows any of them to be so damaged or destroys
as to interfere with the proper or accurate metering of electricity;
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or
(d) uses electricity through a tampered meter; or
(e) uses electricity for the purpose other than for which the usage
of electricity was authorised, so as to abstract or consume or use
electricity shall be punishable with imprisonment for a term which
may extend to three years or with fine or with both :
Provided that in a case where the load abstracted, consumed, or
used or attempted abstraction or attempted consumption or
attempted use-
(i) does not exceed 10 kilowatt, the fine imposed on first
conviction shall not be less than three times the financial gain on
account of such theft of electricity and in the event of second or
subsequent conviction the fine imposed shall not be less than six
times the financial gain on account of such theft of electricity;
(ii) exceeds 10 kilowatt, the fine imposed on first conviction shall
not be less than three time the financial gain on account of such
theft of electricity and in the event of second or subsequent
conviction, the sentence shall be imprisonment for a term not less
than six months, but which may extend to five years and with fine
not less than six times the financial gain on account of such theft
of electricity :
Provided further that in the event of second and subsequent
conviction of a person where the load abstracted, consumed, or
used or attempted abstraction or attempted consumption or
attempted use exceeds 10 kilowatt, such person shall also be
debarred from getting any supply of electricity for a period which
shall not be less than three months but may extend to two years
and shall also be debarred, from getting supply of electricity for
that period from any other source or generating station :
Provided also that if it is proved that any artificial means or
means not authorised by the Board or licensee or supplier, as the
case may be, exist for the abstraction, consumption or use of
electricity by the consumer, it shall be presumed, until the
contrary is proved, that any abstraction, consumption or use of
electricity has been dishonestly caused by such consumer.
(1-A) Without prejudice to the provisions of this Act, the licensee
or supplier, as the case may be, may, upon detection of such theft
of electricity, immediately disconnect the supply of electricity :
Provided that only such officer of the licensee or supplier, as
authorised for the purpose by the Appropriate Commission or
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any other officer of the licensee or supplier, as the case may
be, of the rank higher than the rank so authorised shall
disconnect the supply line of electricity :
Provided further that such officer of the licensee or supplier,
as the case may be, shall lodge a complaint in writing
relating to the commission of such offence in police station
having jurisdiction within twenty-four hours from the time of
such disconnection :
Provided also that the licensee or supplier, as the case may
be, on deposit or payment of the assessed amount or
electricity charges in accordance with the provisions of this
Act, shall, without prejudice to the obligation to lodge the
complaint as referred to in the second proviso to this clause,
restore the supply line of electricity within forty-eight hours
of such deposit or payment.";
(2) 11 "Any officer of the licensee or supplier as the case may be,
authorised" in this behalf by the State Government may-
(a) enter, inspect, break open and search any place or
premises in which he has reason to believe that
electricity 12 [has been or is being], used unauthorisedly;
(b) search, seize and remove all such devices, instruments,
wires and any other facilitator or article which 12 [has been
or is being], used for unauthorised use of electricity;
(c) examine or seize any books of account or documents
which in his opinion shall be useful for or relevant to, any
proceedings in respect of the offence under sub-section (1)
and allow the person from whose custody such books of
account or documents are seized to make copies thereof or
take extracts therefrom in his presence.
(3) The occupant of the place of search or any person on his
behalf shall remain present during the search and a list of all
things seized in the course of such search shall be prepared and
delivered to such occupant or person who shall sign the list:
Provided that no inspection, search and seizure of any domestic
places or domestic premises shall be carried out between sunset
and sunrise expect in the presence of an adult male member
occupying such premises.
(4) The provisions of the Code of Criminal Procedure, 1973 (2 of
1974), relating to search and seizure shall apply, as far as may be,
to searches and seizure under this Act."
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(B) Supply Code 8.4 of the Supply Code, 2015 reads thus :-
"8.4 The license shall, after the connection is temporarily
disconnected as per the clauses 8.3(2), 8.3(3) and 8.3(4), issue
a notice to the consumer to remove the cause of
disconnection within 180 days failing which the supply shall
be disconnected prermanently."
12. Having considered the submissions advanced by the
learned advocates appearing for the respective parties, the
following emerge:-
12.1 The premises in question, for which notices under
Section 135 of the Act dated 20/22.9.2023 are issued by the
respondent authority seeking supplementary bill to the tune of
Rs.21,17,321.07 to both the writ-applicants and for which FIR
is also filed against the writ-applicants under Section 135 of
the Act, belongs to the deceased father-Ghasura Nazirkhan
Natthekhan and it bears Consumer No. 73049067438. This
court is of the opinion that challenge to the impugned notices,
to the extent of demanding payable electricity dues of the
deceased father for the said premises from the writ-applicants
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need not be entertained in light of alternative remedy before
the Special Court under Section 154 of the Act and in view of
the judgment of the co-ordinate bench of this High Court
(Coram: Hon'ble Ms. Justice Bela M. Trivedi) in the case of
Mukesh Laljibhai Nashit V/s. Dakshin Gujarat Vij Company Ltd.
in SCA No. 9961 of 2020 dated 06/11/2020.
12.2 In the opinion of this Court, while not interfering in
the said notices issued by the respondent authority under
Section 135 of the Act with respect to Consumer
No.73049067438 which was in the name of the deceased father
as it is open for the writ-applicant to avail the statutory
remedy under Section 154 of the Act, interference of this court
is required so far as challenge to the action of disconnection
with respect to independent consumer No.73049221674 and
73049196513 held by the writ-applicants at the first floor of
28/29 New Aman Park and Gulmohar Bungalows No.2, are
concerned.
12.3 It is not in dispute that there is no theft alleged
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and no issuance of the notice with respect to the premise
belonging to the writ-applicant of Special Civil Application no.
17492 of 2023 - Ulfatkhan Nazirkhan Ghasura i.e. First Floor
of 28/29 New Aman Park, bearing Consumer No. 73049221674.
So far as Special Civil Application No.17478 of 2023 is
concerned, after issuance of notice under Section 56(2) of the
Act and considering the order passed by this Court dated
06.10.2023, the supplementary bill which was raised to the
tune of Rs.1,90,013.13 against the Consumer No. 73049196513,
which is duly produced at page-35, is paid by the writ-
applicant- Tausif Mohammed Nazirkhan Ghasura. It is also
undisputed that no other proceedings lie against the writ-
applicant with respect to Consumer No.73049196513 at the
Gulmohar Bungalows No.2, Sukhbag road, Palanpur.
13. So far as the reliance of Ms. Bhaya, learned Advocate
for the Respondent, on Regulation 4.30 of the Supply Code
2015 to justify the action of disconnecting the electricity
supply to the premises of the writ-applicants is concerned, this
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Court is of the opinion that the said provision will have no
applicability to the facts of the case, as the same would be
applicable only when an application for new connection,
reconnection, addition or reduction of load, change in name or
shifting of service line for any premises is to be entertained,
which is not the case here. The electricity dues herein are in
respect of the premises in the name of the deceased father,
and not concerning to the said two premises of the writ-
applicants herein.
14. Further, in the opinion of this Court, even the reliance of
Ms. Bhaya, learned Advocate, on the Judgment of the Division
Bench of this High Court in the case of Paschim Gujarat Vij
Co. Ltd. V/s. Kantaben Jayantilal Radadia in LPA No. 1212 of
2013 dated 24.04.2017 is not applicable in the fact of the
present case considering the fact that, as it was a case where
the liability of electricity dues was finally accrued against the
husband of the Petitioner therein by way of a decree in Civil
Suit, who had transferred the premises in question therein in
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favour of the petitioner, to escape from the liability, which
was held as a "sham and fictitious" transfer, and "not
supported by any legal mode of transfer". Whereas, in the
facts of the present two writ applications, the two premises in
question are exclusively belonging to the writ-applicants, and
the liability of electricity dues pertaining to the premises
belonging to the deceased father, have not been accrued upon
the writ-applicants herein or has attained finality.
15. In line of the aforesaid, considering the submissions
advanced by the learned advocates appearing for the respective
parties, it is open for the respondent authority to take action
as per Section 135 of the Electricity Act, 2003 pursuant to the
notices which are issued to the writ-applicants herein with
respect to the Consumer No.73049067438 of deceased father -
Nazirkhan Nathekhan Ghasura, having premises at Ground F-
28/29 New Aman park, Sukhbag Road, Palanpur.
16. While not interfering with the impugned notices dated
20/22.9.2023 under Section 135 of the Electricity Act, 2003
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issued by the respondent No.2, in absence of any proceedings
pending against the writ-applicant - Ulfatkhan Nazirkhan
Ghasura of the Special Civil Application No.17492 of 2023
bearing Consumer No.73049221674 and against the writ-
applicant - Tausifmohammed Nazirkhan Ghasura of the Special
Civil Application No.17478 of 2023 bearing Consumer No.
73049196513 who has deposited the entire amount outstanding
dues pursuant to the supplementary bill to the tune of
Rs.1,90,014/-, the respondent authorities are directed to
reconnect the electric connections of the said premises in
absence of any irregularity qua the aforesaid connections.
17. For the foregoing reasons, the present writ-applications
stand disposed of. Consequently the civil application also
stands disposed of.
VAIBHAVI D. NANAVATI,J)
K.K. SAIYED
