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Judgment
Anil Dev Singh, J.
(1) Two issues arise in this case-one relates to the validity of the disconnection notices. Annexures A-15 to A-17 and the other relates to the supplementary bills. Annexure A-12 to A-14 and A-18/A. These bills we reissued on the basis of an inspection report dated 11.10.91. The said report mentions the fact allegedly revealed to the department in the inspection. One of the items relates to the alleged unauthorised use of a compressor of 16 horsepower. According to the petitioner, the said compressor was not in use and was lying in open. While as per the respondents, the assessment and disconnection notices are made on the basis that the said compressor was in use. One of the questions that arises for consideration is whether even assuming that the petitioner was using additional load beyond sanction, or this compressor, whether the respondents could levy the charges for three years. The question that necessarily has also to be decided is as to whether even if the compressor was being used unathorisedly, whether it was being used for full three years. According to the respondents, the seals were found to be tempered with, but as per the petitioner''s representation dated 13.10.91 all the seals were O.K. and none had been tampered with.
(2) We are of the view that before the disconnection notices were issued, a detailed show cause notice ought to have been issued to the petitioner as to the manner in which the demand had been arrived at. It was not proper for the respondents to have straightway issued a demand notice on the basis of the inspection report.
(3) So far as the additional load which was sanctioned, but not actually granted is concerned, learned Counsel for the respondents stated that the matter will be examined by the department as to why further action was not taken.
(4) In the result, the writ petition is allowed and the impugned notices mentioned above and the bills mentioned above are quashed, but this will not preclude the respondents from issuing a detailed show cause notice mentioning as to the manner in which the demand is arrived at and then calling for an Explanation from the petitioner after giving reasonable time. After receiving the Explanation from the petitioner, a hearing will be granted and then a reasoned order will be passed by the respondents. So far as the additional load sanctioned is concerned, the respondents are directed to look into the matter and take appropriate action in accordance with law within six weeks from the date of receipt of this order.
(5) The show cause mentioned above will be issued to the petitioner within two weeks from today and the entire matter will be disposed of within six weeks thereafter .
(6) If the petitioner deposits Rs. I lakh in two Installments, namely Rs. 50,000within two weeks from today and Rs. 50,000 within two weeks thereafter, the respondents will restore the electricity connection subject to the result of the inquiry mentioned above. It is made clear that these payments would be without prejudice to the contentions of the petitioner. Writ petition stands disposed of accordingly.