Jharkhand High Court
M/S. Shyam Lal Iron And Steel ... vs Jharkhand Urja Vikas Nigam ... on 21 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No.3852 of 2021
With
I.A. No.6650 of 2021
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M/s. Shyam Lal Iron and Steel Company .......... Petitioner.
-Versus-
Jharkhand Urja Vikas Nigam Limited & Ors. .......... Respondents.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Navniti Singh, Sr. Advocate
Mr. D. K. Pathak, Advocate
For the Respondents: Mr. Rajiv Ranjan, Sr. Advocate
Mr. Manoj Kumar, Sr. S.C.
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Order No.06 Date: 21.12.2021
Mr. Navniti Singh, learned senior counsel for the petitioner has
argued the writ petition at length.
In course of argument, learned senior counsel for the petitioner
submits that since hearing of the case is likely to continue further, an
interlocutory application filed by the petitioner being I.A. No.6650 of
2021, seeking restoration of its electrical connection by way of interim
measure during pendency of the writ petition, may be considered.
Learned senior counsel for the petitioner while pressing I.A.
No.6650 of 2021 submits that in course of inspection on 7th
September, 2021, a team of officers of the respondent-JBVNL
(licensee) allegedly found that three numbers of XLPE cable having
length of approximately 12' to 15' each associated with copper cable
were connected with special design copper hook in one end and with
tongs in another end attached with three numbers of insulated pipes
exactly fitting with specially designed copper hooks bypassing the
check meter as well as main meter installed by JBVNL. According to
the inspection team, the said arrangement was so designed that 11
KV electric line could be easily tapped. The said team also conducted
MRI of the consumer's main meter, its check meter and associated 11
KV feeder at the same PSS.
Learned senior counsel for the petitioner has stressed upon MRI
conducted during the inspection and submits that pilferage of
electricity was found only on seven days i.e. 3rd August, 2021, 28th
August, 2021, 30th August, 2021, 31st August, 2021, 1st September,
2021, 5th September, 2021 and 6th September, 2021 that too for few
hours. Thus, even as per the inspection report any pilferage of
electricity was found, the same can be said to be only for seven days.
Under the said circumstances, the assessed amount to the tune of
Rs.1,27,39,421/- on account of theft of electricity as communicated to
the petitioner vide letter no.2136 dated 11th September, 2021
(Annexure-5 to the writ petition) is highly excessive, arbitrary and
unreasonable. Had the petitioner been given an opportunity of
objecting to the said assessment done by the Electrical Superintending
Engineer, JBVNL, Electric Supply Circle, Jamshedpur (i.e. the Assessing
Officer), it could have satisfied the Assessing Officer that the
assessment should have been restricted to maximum seven days.
Learned senior counsel for the petitioner also puts reliance on
the judgment rendered by the Hon'ble Supreme Court in the case of
West Bengal State Electricity Distribution Company Ltd. &
Ors. Vs. Orion Metal Pvt. Ltd. & Anr., reported in 2019 SCC
OnLine SC 1077, wherein it has been held that the authorities under
the Electricity Act, 2003 are empowered to make a provisional and
final assessment by invoking power under Section 126(1) of the
Electricity Act, 2003, even in cases where electricity is unauthorizedly
used by way of theft. The assessed amount referred in third proviso
to Section 135(1) of the Act, 2003 relates to assessment which is
contemplated under Section 126(1) of the said Act only. It is further
submitted that the electricity supply of the petitioner is lying
disconnected since 8th September, 2021 and the entire work force of
the petitioner has been sitting idle. The petitioner is facing serious
difficulties in meeting the fixed expenses as its industrial unit is non-
operational and if the same situation persists further, it will not be in
position to come out from the financial liabilities getting accumulated
every day. Hence, this Court may pass an order of restoration of
electricity by way of interim measure till disposal of the writ petition.
Mr. Rajiv Ranjan, learned senior counsel, appearing on behalf
of the respondent-JBVNL submits that as per third proviso to Section
135(1A) of the Act, 2003, a consumer who has been found indulged
in committing theft of electricity is required to pay the entire assessed
amount for restoration of its electrical connection. Since the said
assessment has already been made by the Electrical
Superintending Engineer to the extent of Rs.1,27,39,421/-, the
petitioner is required to deposit the same for restoration of electricity.
Having heard respective contentions of learned senior counsel
for the parties and keeping in view the nature of the theft of electricity
alleged to have been committed by the petitioner as has been detailed
in the inspection report dated 8th September, 2021, if the petitioner
deposits 50% of the assessed amount of Rs.1,27,39,421/- i.e.
Rs.63.50 lacs (approx.) in two equal monthly instalments, the electric
connection of the petitioner shall be restored by the respondent-JBVNL
within 48 hours of deposit of the first instalment.
It is made clear that if the petitioner fails to deposit the second
instalment, the respondent-JBVNL shall be at liberty to disconnect the
electrical connection of the petitioner.
This interim measure shall, however, be subject to final
outcome of the writ petition.
I.A. No.6650 of 2021 is, accordingly, disposed of.
W.P.(C) No.3852 of 2021:
Put up this case under the same heading for further hearing on
9th February, 2022.
(Rajesh Shankar, J.)
Sanjay/
