Mohd Haneef S/O Mohd Husain vs Gulburga Electricty Supply Co Ltd on 9 July, 2012

[Cites 5, Cited by 0]

Karnataka High Court

Mohd Haneef S/O Mohd Husain vs Gulburga Electricty Supply Co Ltd on 9 July, 2012

Bench: A.N.Venugopala Gowda

                            1




         IN THE HIGH COURT OF KARNATAKA
            CIRCUIT BENCH AT GULBARGA

       DATED THIS THE 9TH DAY OF JULY 2012

                        BEFORE

THE HON'BLE MR.JUSTICE A.N.VENUGOPALA GOWDA

             W.P.No.80245/2009 (GM-KEB)

BETWEEN:

MOHD.HANEEF S/O MOHD HUSSAIN,
AGED ABOUT: 30 YEARS,
CITY SERVICE STATION,
NEAR GANDHI CHOWK,
RAICHUR-584101.
                                   .... PETITIONER

(BY SRI GURURAJ JOSHI, ADVOCATE FOR
    M/S G & S ASSOCIATES, ADVS)

AND:

1.     GULBARGA ELECTRICITY SUPPLY CO.LTD.,
       RAICHUR.
       REP.BY ITS EXECUTIVE ENGINEER, ELEC.,
       O & M, USD,
       RAICHUR.

2.     THE SUPERINTENDANT ENGINEER, (ELE)
       GESCOM, O & M,
       RAICHUR.

3.     THE ASST. EXECUTIVE ENGINEER, (ELEC)
       O & M, USD,
       RAICHUR.
                                         ... RESPONDENTS

(BY SRI ARUNKUMAR.C.PATIL, ADVOCATE FOR R1 TO 3)
                              2




      THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER PASSED BY THE RESPONDENT NO.3 DATED
24.6.2004 WHICH IS NO.F4/AEEE/AAO/SA2/0405/711-13
PRODUCED AT ANNEXURE-A.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:


                        ORDER

Petitioner, who runs a service station, is a registered consumer of electricity with connection bearing RR No.32042 of Raichur. He has the sanction of 5 HP power. Respondent No.3 made a claim of Rs.1,05,329/- as back billing charges and Rs.44,000/- as compounding charges vide notice dated 31.5.2004. Petitioner filed objections. Respondent No.3 passed an order U/S. 126(3) of Electricity Act, 2003 on 24.6.2004, confirming back billing charges.

2. Petitioner preferred an appeal U/S. 127 of Act and remitted 1/3rd charges. Respondent No.2 has returned the appeal on 3.1.2009 vide Annexure B. This 3 writ petition has been filed to quash the orders of respondent Nos. 1 and 3 dated 24.6.2004 and 3.1.2009 vide Annexures A & B.

3. Heard learned Advocates on both side and perused the records.

4. The Police Inspector of Vigilance Police Station, GESCOM, Raichur had charge sheeted the petitioner, for commission of an offence Punishable U/S.135 of the Act in Spl. CC (KPTCL) No.280/2009 on the file of the Sessions Court at Raichur, alleging commission of theft of electricity by tampering meter. Said case was decided on 18.7.2011 and petitioner was acquitted.

5. The appeal preferred by the petitioner was returned by the 2nd respondent, on account of the prosecution of petitioner in Spl. CC (KPTCL) No.280/2009. Since said case has ended with a 4 judgment of acquittal on 18.7.2011, the view taken by 2nd respondent in the matter requires reconsideration.

In the said view of the matter, endorsement vide Annexure B is quashed. Appeal of the petitioner is resorted for consideration of respondent No.2.

Petitioner is directed to appear before the 2nd respondent on 21.7.2012 & seek orders.

2nd respondent is directed to decide the appeal expeditiously and before 31.10.2012. No costs.

Sd/-

JUDGE VBC

Unlock Advanced Research with PRISMAI

Karnataka High Court