- (1.) Heard Sri Rahul Mishra, learned counsel for the petitioner, Shri Awadesh Kumar Saxena, learned counsel for the respondent no. 2 and Ms.Monika Vaish, learned counsel for respondent no. 3 and learned Standing Counsel for respondents no. 1, 4 and 5.
(2.) Petitioner a farmer and a consumer of electricity for running a tube well with sanctioned load of 10 HP. has challenged the provisional assessment order as well as final assessment bill on the ground that use of electrical energy for running a 'kolhu' from sanctioned load of tube well is permissible and does not fall within the definition of theft of electrical energy and thus, the final assessment made is illegal and without jurisdiction.
(3.) Facts giving rise to the dispute are that after raid conducted by the respondent, first information report dated 3.11.2015 was lodged against the petitioner under Section 135 of the Indian Electricity Act (hereinafter referred to as 'Act') on the ground that he was running a sugarcane 'kolhu' of 10 HP. through LT line which was a commercial activity though he had a connection for running a tube well for agricultural purposes. Provisional assessment bill dated 3.12.2015 was issued to the petitioner showing the outstanding of Rs.25,073/- as electricity dues and a sum of Rs.1,60,000/- as penalty. Petitioner filed objection on 16.12.2015.;