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
With
R/LETTERS PATENT APPEAL NO. 957 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 8011 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 957 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 8011 of 2021
With
R/LETTERS PATENT APPEAL NO. 958 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 7998 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 958 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 7998 of 2021
With
R/LETTERS PATENT APPEAL NO. 959 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 8015 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 959 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 8015 of 2021
With
R/LETTERS PATENT APPEAL NO. 960 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 8013 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 960 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 8013 of 2021
With
R/LETTERS PATENT APPEAL NO. 961 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 7997 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 961 of 2023
In
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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
With
R/LETTERS PATENT APPEAL NO. 962 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 7993 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 962 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 7993 of 2021
With
R/LETTERS PATENT APPEAL NO. 963 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 7994 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 963 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 7994 of 2021
With
R/LETTERS PATENT APPEAL NO. 964 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 7999 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 964 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 7999 of 2021
With
R/LETTERS PATENT APPEAL NO. 965 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 7982 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 965 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 7982 of 2021
With
R/LETTERS PATENT APPEAL NO. 966 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 8000 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 966 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 8000 of 2021
With
R/LETTERS PATENT APPEAL NO. 967 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 7980 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/LETTERS PATENT
APPEAL NO. 967 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 7980 of 2021
Page 2 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
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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
==========================================================
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
NEUTRAL CITATION
C/LPA/956/2023 ORDER DATED: 10/07/2025
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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
NEUTRAL CITATION
C/LPA/956/2023 ORDER DATED: 10/07/2025
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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
NEUTRAL CITATION
C/LPA/956/2023 ORDER DATED: 10/07/2025
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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
