PATHERYA, J. - (1.) BY this writ petition the petitioner seeks a direction upon the State to withdraw the sanction granted to the Conditions of Supply of 2001, and in particular clause 29 of such Conditions.
(2.) THE case of the petitioner is that the electricity to its business premises was disconnected on 18th August, 2001. Prior thereto an inspection was held by the Licensing Company with a threat to disconnect line from the pole jumper. A complaint was also lodged at Tiljala Police Station and the said theft was proved correct as disconnection took place on 18th August, 2001. On an earlier occasion supply had been disconnected and when disconnected in 1998 WP No. 281 of 1998 was filed wherein an order was passed directing the Chief Electrical Inspector to inspect connection in the said premises. Accordingly, an inspection was held and report filed, wherefrom, it appears that the allegations of the Licensing Company was unfounded and accordingly reconnection of electricity was directed. THErefore, on the basis of the report of the Chief Electrical Inspector, the action of the Licensing Company is illegal and the said Regulations with regard to pilferage is beyond Section 39 of the 1910 Act. Section 26(6) of the Indian Electricity Act 1910 postulates consideration of disputes by the Chief Electrical Inspector. THErefore, the licensing Company is not entitled to decide the correctness of the meters and as Regulation 29 is contrary to Section 39 of the 1910 Act the said Regulation be struck down. There are two meters installed in the said premises and it is only in respect of one meter that the allegation of theft has been levelled and notice issued. Therefore, meter no. 2566022 could not have been disconnected, as there is no allegation of pilferage or theft in respect of the said meter. In view of the aforesaid Clause 29 of the Conditions of Supply 2001 be struck down and electricity restored to the petitioners premises. Reliance is placed on AIR 1988 SC 71. Although Section 49 of 1910 Act and Section 79 of 1948 Supply Act empowers the Board to make Regulation as the licensing Company is only a licensee, it is not empowered to make any Regulations. As no inspection was made on 18th August, 2001, Section 29(a) of the Conditions of Supply will not apply in view of the complaint lodged on 14th August, 2001.
(3.) COUNSEL for the licensing Company submits that under Section 26(6) of the 1910 the Chief Electrical Inspector is only to decide cases with regard to correctness of meter and not cases of pilferage as held in AIR 2007 Calcutta 71 (CESC Ltd. and Ors Vs- Pawan Kumar Kedia). In the case of CESC Ltd Vs- Lohia Mandelia and Ors decided on 5th September, 2006 in APO 123 of 2003 the validity of the Conditions of Supply 2001 has been upheld. Therefore the Conditions of Supply 2001 cannot be questioned. The factory of the petitioner has two meters and one consumer number only. One of the meters was an industrial meter and the other was a commercial meter. It is only the industrial meter which was disconnected while the commercial meter is in use. It was due to the loss on account of theft and pilferage suffered by the Licensing Company that electricity was disconnected. On 18th August, 2001 the petitioner was called upon to submit its written representation. Without submitting such representation this writ petition was filed and warrants no order.;