G.S.SINGHVI, J. - (1.) THIS writ petition is directed against action taken by the Haryana State Electricity Board (for short 'the Board') and its officers for disconnecting electric supply of the petitioner for his alleged failure to deposit the dues.
(2.) THE case of the petitioner is that his father Bali Ram was provided with electric connection for his tubewell. Even after the death of his father the connection continued to be in his name. As per agreement the petitioner's father was entitled to use of 5 H. P. motor for the purpose of irrigation of crops. On January 4, 1994 the officers of the respondent Board disconnected the electric supply to the said tubewell, even though the petitioner had deposited all electricity dues. The petitioner has asserted that a controversy arose between him and the board after September, 1992. The officers of the Board made allegations against him that, he was using electric connection for motor of 7-1/2 HP, although the petitioner was not using such motor and the authorities of the Board disconnected supply of electricity. However before disconnecting the electric supply the respondent Board did not comply with the provisions of Section 24 (1) of the Indian Electricity Act, 1910 and Section 4 of the Haryana Government Electrical Undertakings (Dues Recovery) Act, 1970. 3. The respondents have come forward with a case that premises of the petitioner were checked on 12. 12. 1992 by Shri Chanan Singh, Assistant Foreman of the Board. He reported that the motor installed was for 7-1/2 BHP although connection was only for 5 BHP and when it was checked with the clip on meter it was found taking 12 Ams. On 400 volts. On discovery of these facts a penalty of Rs. 750/- at the rate of Rs. 50/- BHP for six months was imposed and from the billing month of January, 1993 bill for 7-1/2 BHP were raised. An opportunity was given by the Board to its consumers to deposit the arrears of bill in two instalments upto 30th June, 1993 and 31st October, 1993 respectively. The date of deposit of last instalment was extended upto 31st December, 1993. Nevertheless the petitioner did not deposit the amount. Thereafter the Board passed an order on 9. 11. 1993 for temporary disconnection. Even then the petitioner did not deposit the amount due. Consequently, order of permanent disconnection was issued on 14. 3. 1993. According to the respondents, the petitioner had been informed on more than one occasion about the use of electric connection for motor, of 7-1/2 BHP and he had full knowledge of the background in which penalty of Rs. 750/- was imposed upon him and bills for higher amount were raised by the Board. On this premise, the respondents have pleaded that there has been no violation of the provisions of 1910 Act or 1970 Act.
(3.) ADMITTED facts which have come on record shows that electric connection was duly sanctioned in favour of the father of the petitioner for use of motor of 5 BHP. Disconnection of supply of electricity has also been admitted. However, the parties are in dispute about the manner in which supply of electricity has been disconnected. While the petitioner says that no notice or opportunity of hearing was afforded to him before disconnection was brought about, the respondents have pleaded that the petitioner was fully aware of the reason for disconnection of supply. After going though the rival pleadings, we are fully satisfied that before action for disconnection of supply was taken by the respondents, no written notice was given to the petitioner calling upon him to show cause as to why supply of electricity be not disconnected on account of his neglect to pay charge due from him. Section 24 of the Indian Electricity Act, 1910 empowers licensee to cut off the supply of any person who neglects to pay any charge for energy. Similarly Section 4 of the Karyana Government Electrical Undertakings (Dues Recovery) Act, 1970 contemplate disconnection bf supply after giving notice of demand in the prescribed form. Since these two provisions are relevant for the purposes of deciding the controversy between the parties they are reproduced below.;