- (1.) Heard Sri B.C. Rai, learned counsel for the petitioners and learned Standing Counsel as well as Sri Shivam Yadav, Advocate for respondents. The writ petition is directed against the assessment order dated 23.5.2009 passed by Executive Engineer, Electricity Distribution Division-I, Budaun (respondent No. 4) under section 126 of Electricity Act, 2003 (hereinafter referred to as the "Act, 2003"); the appellate order dated 3.2.2012 passed by Divisional Commissioner, Bareilly Division, Bareilly (respondent No. 3) and the consequential demand notice dated 23.2.2012 issued by respondent No. 4 under section 3 of U.P. Government Electrical Undertaking (Dues Recovery) Act, 1958 (hereinafter referred to as the "Act, 1958").
(2.) The facts giving rise to the dispute in present writ petition, in brief, are stated as under.
(3.) The petitioner is running a Chilling Plant at Village Lauda Baheri, District Budaun. It has got an electric connection, bearing No. 008568/1203 with sanctioned electric load of 48 Horse Power (hereinafter referred to as the "HP"), which is said to have been enhanced to 65 HP on 22.1.2008. It is said that an inspection was made by officials of Mandhyanchal Vidyut Vitran Nigam Limited (hereinafter referred to as the "MVVNL"), the Licensee, authorized to distribute electricity in the area of District Budaun, on 19.12.2007. They found demand of electric load at petitioner's chilling plant, recorded was more than the sanctioned load. They suggested that petitioner should get his sanctioned load enhanced. It is in reference thereof, petitioner got electrical load enhanced from 48 HP to 65 HP.;