- (1.) THE petitioners are questioning the notice for outstanding dues dated october 10th, 2001 issued by the Senor Station Superintendent, Digha Gr. Electric Supply of the West Bengal State Electricity Board (since renamed as West Bengal State Electricity Distribution Company Ltd. ). The notice was issued under Section 24 of the Indian Electricity Act, 1910. The first petitioner was called upon to pay Rs. 3,15,448. 52 on account of outstanding dues for the period from March, 1977 to March, 1986 regarding service connection No. 185/c and for the period from March, 1984 to March, 1986 regarding service connection No. 185a/c.
(2.) COUNSEL for the petitioners submits that no reasons were given for demanding the dues for the periods mentioned in the notice, when it will appear from the bills annexed to the writ petitioner that bills raised by the board for the periods regarding both the service connections were duly paid by the first petitioner. On the strength of Mohinder Singh Gill v. The chief Election Commissioner, AIR 1978 SC 851 he submits that the case of committing mistakes during the period in question sought to be made out by the board in its opposition cannot be taken into consideration at all. His further submission is that the notice was issued without giving the petitioners any opportunity of presenting their case.
(3.) COUNSEL for the board riled on M/s. Bharat Barrel and Drum manufacturing Co. Pvt. Ltd. v. The Municipal Corporation of Greater Bombay and Anr. , AIR 1978 Bom 369 and submits that since by mistake bills for the actual payable amounts had not been raised for the periods in question, the board was entitled to issue the notice, once it detected its mistake. His submission is that during the periods the petitioners were liable to pay more than the amounts for which bills were raised. As to the question of opportunity of presenting case, his submission is that a similar notice had been issued by the authority of the board in April, 1993, and that questioning that notice in 1994 the petitioners filed a suit that was dismissed for default on December 15th, 1999.;