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10. While so, the ADM passed Ext.P14 order dated 17.09.2014 holding that Ext.P4 order of the CGRF is unilateral and liable to be reviewed and directed to hear affected parties before shifting the line.

WP(C).No.34061 OF 2014(G) ..9..

11. In the light of Ext.P14 order of ADM, the AEE submitted Ext.P15 application dated 01.10.2014 for review of Ext.P4 order before the CGRF.

12. The Regulatory Commission by Ext.P18 order dated 12.11.2014 found the non-compliance of the order of CGRF by the writ petitioners as willful and treating the same as non-compliance of the provisions of the Electricity Act imposed a penalty of Rs.50,000/- on the 1st petitioner and Rs.25,000/- on the 2 nd petitioner, in exercise of the powers conferred under Section 142 of the Electricity Act. The Regulatory Commission rejected the contention of the writ petitioners that delay in giving connection was due to non-production of consent letter from nearby property owner. The reasoning of the Regulatory Commission in Ext. P18 in not accepting the said contention is that the sketch for the proposed line alignment was prepared and produced before the CGRF WP(C).No.34061 OF 2014(G) ..10..

one month after receipt of the application. As per the provisions under Regulation 7 read with Regulations 2

(e) (i) and (f) (vii) of Regulation, 2005, a complainant, who includes an applicant for new connection of electricity, can approach the CGRF for redressal of grievance in connection with supply of electricity. Ext. P2 is the complaint of the 3rd respondent before CGRF for not giving supply of electricity to his house. The objection of the writ petitioners in giving supply to the premises of the 3rd respondent, as evident from Ext.P1 and the statement given before the CGRF was that there is no statutory clearance between L.T. line and the 3 rd respondent's house. Accordingly, the CGRF directed the parties to inspect the property jointly and prepare a sketch showing feasible line. On submission of the sketch and hearing the parties, the CGRF directed the AEE and the AE to shift the L.T. line as per the plan and WP(C).No.34061 OF 2014(G) ..15..

estimate submitted by the AEE and AE after collecting the estimate amount from the 3rd respondent and to give electric connection to the 3 rd respondent within 21 days of receipt of the said order. There is nothing on record to show that the CGRF was informed that for shifting the line a stay wire has to be planted in the premises of the 4th respondent. It is one month after the order of the CGRF the writ petitioners raise the issue of consent letter of the owner of the premises, where stay wire has to be planted. Even when the Regulatory Commission informed the writ petitioners that the issue of consent cannot be raised at the time of implementation of the order of CGRF, the writ petitioners did not take steps to provide electric supply and the ADM was moved under Section 16(1) of the Indian Telegraph Act only after about three months after the order of CGRF and after the observation of the Regulatory Commission. In WP(C).No.34061 OF 2014(G) ..16..

Ext.P13 filed by the AEE before the ADM, the requirement of consent of the 5th respondent in the writ petition, another property owner in whose property a stay wire is to be planted is also raised for the first time. The ADM did not pass any orders exercising his powers under Section 16 (1) of the Telegraph Act, but ordered that Ext. P4 order of CGRF is liable to be reviewed and directed to hear affected parties before shifting the line. It is not necessary to examine the legality and propriety of the said order for the propose of this writ petition. After about 11 months after the order of CGRF the writ petitioners preferred a Review Petition before CGRF to review Ext.P4 order. The fate of Ext.P15 Review petition is not placed on record. Considering all these factors, this Court agree with the finding of the Regulatory Commission in Ext. P18 order that the writ petitioners willfully did not inform CGRF that for shifting the line a WP(C).No.34061 OF 2014(G) ..17..