Vikramadiya Prasad, J. - (1.) SHORT question to be answered in this writ is whether the impugned bill Annexure -2 which is sought to be quashed is in accordance with Clause 16.9 A(ix) of the Tariff.
(2.) THE petitioner had three separate electrical connections of 10 KW each in its premises for last 30 to 40 years. In presence of the club office bearers an inspection of the premises was made and the inspection report Annexure -1 was prepared. Total connected load was detected to be 131.644 KW and in the remark column it was recorded that as per the club representative A.C. was not in working condition, compressors was found removed during the inspection but all motors found connected. After this inspection report the board respondent served a notice Annexure -2 upon the petitioner that against the sanctioned load of 30 KW the consumer was found not only exceeding the contracted load but also the limit of 60 KW under the CS III Tariff. A bill was annexed as per 16.9 A(iv) (Annexure -2 and 2/1 then by Annexure -3) when the payment was not made the notices under Section 24 of the I.E. Act was served giving seven days time for clearing the bills on 29th August 2000. When the writ was filed vide order dated 13.9.2000 the Court directed the respondent not to disconnect the electrical connection of the petitioner if the petitioner deposited the amount of Rs. 3 lacs in two installments which will be subject to the final decision in the writ. If on final decision, the Board will be liable to return any amount in favour of petitioner, they will be liable to pay interest.
(3.) THE respondents appeared and filed counter affidavit defending the annexure aforesaid issued by the respondents stating that in raising the bills the respondents have not exceeded their jurisdiction and there is no error apparent on the record and therefore any writ of certiorari is unnecessary and bill can not be quashed.;