- (1.) This petition is without any merit, much less for exercise of equitable jurisdiction under Article 226 of the Constitution of India. The reasons are as under :-
(2.) Shri Ashoka Oil Mills petitioner No. 1 which is said to be a registered partnership firm runs an oil mill in Niwai District Tonk and for the purpose of manufacturing oil after entering into an agreement with Rajasthan State Electricity Board (for short RSEB) was given an electric connection 163 HP. Before the present controversy arose as a result of a sudden inspection by the vigilance which was held on 19th July, 1990, in 1989 also a joint inspection was conducted of the oil mill of the petitioners and it was found that the body seal of KWH and KVH meters and boxseals were found broken. The cyclometer was found defective but while installing KVAH meter on 16th November 1988 it was seen that there was no mark about cyclometer. A report was submitted on 18th May, 1989 as a result of which assessment for the period from 17th November 1988 to 17th May 1989 i.e. for six months was made on the basis of 50% load factor, and the petitioners were called upon to pay Rs. 65,095.05 which the petitioners have paid and no dispute has been raised.
(3.) It appears that there were reports that despite having been assessed as aforesaid and having paid the amount of Rs. 65,095.05 for the alleged theft of electricity for the aforesaid period, the petitioners were still committing theft of electricity for manufacturing of oil in their factory, and, therefore, on 19th July 1990 the vigilance party of the RSEB inspected the business premises of the petitioners and it was found that the petitioners were committing theft of electricity again. It was noticed during inspection by the vigilance cell that the consumer had tampered meter seal and also meter body. The consumer had also manipulated meter reading every month and after allowing the consumption to be recorded by reversing the meter rest. It was noticed that the consumer was committing theft of electricity which is an offence u/s 39 and 44 of the Indian Electricity Act, 1910 (for short the Act). Faced with the situation, the consumer gave an application on the spot, a photo-stat copy of which has been filed as Annexure-R/2 wherein he requested that the FIR be not registered and the theft be not reported, to the police and the case be compounded. In token thereof the petitioner deposited Rs. 30,000/- in cash and for the rest of Rs. 1,35,000/-he promised to deposit and had also requested that the connection which has been disconnected may be reconnected.;