- (1.) The petitioner is the owner of Plot No. 10-D, Block E-15, Shatabdi Vihar, Sector 61, NOIDA having purchased the same for residential house. An electricity connection of a contracted load of 7.5 KW was sanctioned in the said premises by the respondent-Paschimanchal Vidyut Vitran Nigam Limited. The Rate Schedule applicable to the premises for residential/domestic purposes is LMV-1. The petitioner let out the said plot to the working girls through Nestway Technologies Private Ltd. which is a company engaged in the business of building a technology platform, facilitating rental services to the owner of the house. The petitioner also entered into a license agreement with the tenants of the premises.
(2.) The inspection was carried out in the premises of the petitioner on 19.12.2016. A First Information Report was lodged against the petitioner on 20.12.2016 for theft of electricity under Section 135(1)(e) of the Electricity Act, 2003 on the allegation that a private girls hostel was being run and managed by the petitioner in the premises which is a commercial activity and thus it ought to be billed under Rate Schedule LMV-2. The provisional assessment bill was issued to the petitioner which was challenged by him by filing a Writ Petition No. 1161 of 2017 which was disposed of by Division Bench of this Court vide judgment and order dated 11.01.2017 by making following order :- "The petitioner is aggrieved by the action taken by the Executive Engineer, Pachimanchal Vidyut Vitran Nigam Ltd. in disconnecting the electricity supply. It is stated that an inspection was carried in the premises of the petitioner on 19.12.2016. It was revealed that a "private boys hostel" was being run. A First Information Report was lodged against the petitioner on 20.12.2016 for theft of electricity under Section 135(1)(e) of the Electricity Act, 2003 and the power supply to the premises of the petitioner was also disconnected. Sri. Chandan Agarwal, learned counsel for the respondents has stated that a provisional assessment bill of Rs. 1,74,725/- has been issued to the petitioner. Learned counsel for the petitioner has submitted that, in fact, the electric supply was being used only for residential purposes and the stand of the Department that it was used for commercial purposes is not correct. It will not be appropriate for the Court to examine the action of the respondents at this stage when the petitioner can file objections to the provisional assessment bill. However, if the petitioner deposits 50% of the amount mentioned in the provisional assessment bill, the power connection of the petitioner shall be restored. The petitioner may also file an objection to the provisional assessment bill within 15 days from today so that a decision can be taken. The petition is disposed of with the aforesaid observations."
(3.) In pursuance of the aforesaid order passed by this Court, the petitioner filed his objection before the Executive Engineer on 27.01.2017 and 50% amount of the provisional assessment bill was also deposited and the power connection was restored.;