Smt. Rathnamma vs The Executive Engineer (Electrical) and The Assistant Executive Engineer (Electrical)

A.N. Venugopala Gowda, J.—Petitioner is a consumer. She is running a stone crushing unit. The respondents issued a revised bill dated 20.07.2011 as at Annexure-B demanding payment of Rs. 2,30,435/-. Petitioner submitted a representation as at Annexure-C, on 12.01.2012. However, the 2nd respondent sent a communication dated 19.01.2012, to remit Rs. 2,60,744/- for restoration of the disconnected electricity supply, vide Annexure-D. This writ petition has been filed to quash the revised bill as at Annexure-B and the demand vide Annexure-D. On 15.02.2012, a conditional interim order was passed, directing the petitioner to deposit 50% of the demand made. Petitioner has paid Rs. 1,15,250/- on 23.02.2012. The respondents have restored the electricity supply to the petitioner''s unit.

Respondents filed counter and have stated that there is suppression of material facts and there are acts of misrepresentation on the part of the petitioner. Along with the counter, a representation of the petitioner has been produced as Annexure-R1. Petitioner by undertaking to remit Rs. 10,000/-, sought ten instalments to remit the balance revised bill amount and sought restoration of electricity supply. Rs. 10,000/- was remitted during December, 2011, and a communication was thereafter sent to the concerned vide Annexure-R5.

There is no appearance for the petitioner. This writ petition has been repeatedly adjourned on the request made by the learned advocate for the petitioner.

Heard Sri B. Rudragowda, learned advocate for the respondents and perused the writ petition record. Annexure-B has to be treated as provisional assessment in terms of S. 126(1) of the Electricity Act, 2003. Petitioner, if has any objections against the provisional assessment, may prefer objections before the Assessing Officer within a period of 15 days. If the petitioner files statement of objections, the Assessing Officer may grant an opportunity of personal hearing to the petitioner and thereafter pass the order.

In the said view of the matter, writ petition is disposed of reserving liberty to the petitioner to file objections to the said provisional bill/assessment, on or before 03.08.2013. The Assessing Officer is directed to consider the matter and pass order in accordance with law. Till the Assessing Officer passes the order, the electricity supply to the petitioner''s unit, restored pursuant to the interim order passed by this Court, be not disconnected.

No costs.