G.P.MATHUR, J. - (1.) The petitioners have filed the present writ petition for a writ of mandamus commanding the respondents to restore the supply of electrical energy to the petitioner company and for declaring Regulation 22 of the Electricity Supply (Consumers) Regulations, 1984, as ultra vires. During the course of hearing of the writ petition the petitioners also moved an amendment application, which was allowed, for quashing the assessment demand notice dated 18-12-1990 (Annexure 9 to the writ petition).
(2.) Petitioner No. 1 is a private limited company which has a factory for manufacturing cotton yarn at Vishayakpur Rania in district Kanpur Dehat. The U.P. State Electricity Board, respondent No. 1, sanctioned a power connection for the factory of petitioner No. 1. On 4-12-1990 the factory was inspected by a team consisting of several senior engineers of the office of the Chief Engineer (Distribution), Central Area, Lucknow. When the meter was checked from outside the cubical box it was found that the meter was recording 33% less than the actual consumption. The meter box was thereafter opened and tested and it was discovered that one wire going from C.T. to the meter had been removed from the joint. The wire had been covered by PVC tape and thereafter it had been put on another wire connecting the meter and thus on account of PVC tape there was no contact between the C.T. and the meter. Thus on account of non-contact of one wire of the meter it was recording 33% less than the actual consumption of the energy. This checking was done in the presence of Shri R.D. Sharma, representative of the petitioner company. A checking report was immediately prepared on the spot which was signed by Shri R. K. Misra and Shri Randhir Singh, Executive Engineers, Shri S. N. Bajpai, Asstt. Engineer Sub-Divisional Officer, and Shri Sanjay Misra. J.E., on behalf of the U.P. State Electricity Board. It was also signed by Shri Dilip Kumar on behalf of the consumer (petitioners). A copy of the checking report dated 4-12-1990 has been filed as CA I to the counter-affidavit. On the same day, i.e., on 4-12-1990 Shri S. N. Bajpai, S.D.O., also lodged a first information report against the petitioner No. 1 under Section 39 of the Indian Electricity Act and Section 379 IPC at P.S. outpost Rania, district Kanpur Dehat, and a true copy of the same has been filed as Annexure 5 to the writ petition. Petitioner No. 2 also lodged a first information report at P.S. Akbarpur on 5-12-1990 (Annexure 6 to the writ petition) alleging that at about 11 am on 4-12-1990 officers and men of the U.P. Electricity Board came to inspect his factory in two vehicles and told Shri Dilip Shukla, an employee of the factory, that they had come to check the meter of the electric connection. It is also alleged that Shri Sanjay Misra, J.E., demanded Rs.5,000.00 and when Shri Dilip Shukla expressed his inability to pay, the electric supply was disconnected.
(3.) The petitioners filed writ petition No. 34001 of 1990 for a writ of mandamus commanding respondents to resume the supply of electrical energy to the petitioners and for declaring Regulation 22 as ultra vires. The writ petition was heard for admission on 18-12-1990 and it was disposed on the same day. The operative portion of the order reads as follows:- "The respondents are directed to restore the electric supply of the petitioner on payment of usual charges of reconnection. If and when the petitioner deposits a sum of Rs. 63,635.56 (Rupees sixty three thousand, six hundred thirty five and fifty six paise only) with the respondent No. 2, the electric supply shall be restored within a period of one week from the date of deposit of the said sum." The petitioners have averred that they have deposited Rs.63635.56 on 22-12-1990 and Rs. 200.00 towards the reconnection charges on 26-12-1990. However, the respondents issued a fresh bill dated 18-12-1990 for Rs.7,42,931.88 which was served upon the petitioners on 21-12-1990. It is averred in para 22 of the writ petition that the Executive Engineer has issued an order on 27-12-1990 to the effect that the electric supply to the petitioner No. 1 should not be restored as a sum of Rs. 7,42,931.88 had not been deposited. It is specifically asserted in para 25 of the writ petition that no opportunity was given to the petitioner before the assessment bill dated 18-12-1990 was made and the same was wholly arbitrary and illegal. The petitioner has also filed an appeal on 22-12-1990 before the Superintending Engineer which has not yet been decided. This writ petition was accordingly filed by the petitioner for the reliefs mentioned above.;