- (1.) This writ application is directed against an order dated September 14, 2004 passed by the respondent No.2 and the final bill for consumption of electricity by the petitioner company dated November 19, 2004 assessed thereto. The facts of the case in a nutshell are as under:- The petitioner was a bulk consumer of 11 KV electricity under the respondent no.1. The agreement between the petitioner company and the respondent no.1 for supply of electricity was renewed on October 16, 1998 in respect of premises lying and situated at village Damda, P.O. Simulia, District Purulia(hereinafter referred to as the said premises). Under the above agreement a contract demand of 120 K.V.A. for a period of five years of operation was agreed upon.
(2.) The petitioner company submitted an application dated July 20, 2000 to the respondent no.1 for enhancement of his contract demand from 120 K.V.A. to 200 K.V.A for supply of electricity at the said premises. Though the terms and condition of effecting supply of power from 120 K.V.A to 200 K.V.A had been issued by the respondent no.1 on December 4, 2000, the petitioner company did not avail of the opportunity of enhancement of contract demand from 120 K.V.A to 200 K.V.A. Though the contract demand of the petitioner was to the extent of 120 K.V.A. for a period of five years of operation from the date of executing the agreement on October 16, 1998, the petitioner company installed a transformer having capacity of 300 K.V.A. The petitioner company augmented the transformer capacity to 500 K.V.A. The Chief Electrical Engineer, West Bengal agreed for approval of such augmentation of the transformer of the petitioner having capacity of 500 K.V.A. by a communication dated June 8, 2001. The petitioner company did not respond to the terms and conditions offered by the respondent no.1 for enhancement of its contract demand from 120 K.V.A. to 200 K.V.A.
(3.) On the other hand, the petitioner company laid another distribution main in addition to existing two numbers cables while augmented its transformer capacity from 300 K.V.A to 500 K.V.A and the additional cable as laid during augmentation of the capacity of transformer was directly from LT bushing of transformer installed by the petitioner up to distribution panel. The third cable as laid by the petitioner company during augmentation of transformer capacity was ready for supply power since one end of the cables had been terminated in the distribution panel while the other end was ready for connection at LT bushing of transformer.;