- (1.) The petitioner, who runs an ice factory was granted a power connection of 32 H.P. sometimes on 10th or 11th May, 2006. A checking was done on 24th May, 2006 in which according to the allegations made by the respondents the petitioner was indulging in power theft, therefore, the power connection was disconnected. Civil and criminal proceedings were initiated against the petitioner. In the criminal proceedings the police authorities submitted a final report in the matter, which has been accepted by the Judicial Magistrate. However, on the civil side a provisional assessment for consumption of electricity for 13 days was made and a sum of Rs. 22,428/- was assessed towards electricity charges. The power connection has not been restored on the ground that the petitioner is liable to pay minimum charges for a period of six months whereafter a permanent disconnection is deemed i.e. prior to the date of permanent disconnection.
(2.) We have heard Sri Kshitij Shailerdra, learned Counsel for the petitioner and Sri Nripendra Misra, learned Counsel appearing for the respondents.
(3.) Sri Kshitij Shailendra, learned Counsel for the petitioner, submitted that as the final report has been submitted by the police authorities in the Court and the same has been accepted by the Judicial Magistrate which would mean that the petitioner was not involved in the act of power theft, therefore, disconnection was illegal and the petitioner cannot be saddled with the liability of the alleged charges which is being demanded by the respondent-authorities for reconnecting the electricity connection.;