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4. The actual period from the date of the previous installation checking (and resulted into supplementary bill) under provisions of this clause within six months period of the date of the detection under consideration and up to the date of detection.

Mr. Mehta submitted that the revised bill was required to be issued to the petitioner only after considering the subsequent period from the date of the previous installation checking and the period prior to such last checking cannot be taken into consideration for the purpose of sending the supplementary bill, especially when in the previous installation checking, nothing objectionable was found. He submitted that simply because everything was found to be in order during previous checking and on that basis, no supplementary bill is issued to the petitioner, is no ground to take the aforesaid period into account, which was already subjected to proper checking for the purpose of sending the revised bill. He submitted that condition No, 34 which provides that unless the previous checking has resulted into supplementary bill, the said period cannot be given set off is illegal and unconstitutional. He further submitted that even if nothing objectionable is found during earlier Inspection and, therefore, no supplementary bill is issued, as per the amended condition No. 34 unless previous installation checking has resulted into supplementary bill, the aforesaid period will be taken into account. It is submitted that, in the instant case, the supplementary bill, at the most, could have been issued to the petitioner only from the date of previous installation checking, as, up to that period, i.e. when the previous installation checking was done, everything was found to be in order. He further submitted that in view of the amended Condition No, 34, since such installation checking has not resulted into supplementary bill, unfortunately, no such benefit is available to the petitioner, and, therefore, even though for the earlier period as per the inspection, everything was found to be in order, yet, since no supplementary bill is given, the petitioner is subjected to revised bill, even though, during that period, he had not committed any alleged Illegalities. In his submission, as per the above-referred amended condition even if the installation is checked previously for detection of theft and no theft is detected, then also, the bill will have to be issued for past six months, No discretion is given either to the Officers of the Board, who prepare the theft bill, or even to the appellate committee to revise the bill from the date of last theft checking when no theft was found. The said condition is arbitrary and, therefore, such amended condition is required to be struck down as being unreasonable and discriminatory.