- (1.) Aggrieved by disconnection on 24.5.2015, the petitioner has approached this Court challenging the Inspection Report, dated 23/24.5.2015 terming the same as concocted one. A declaration that entire action of the respondents including disconnection on the ground of allegation of electricity theft is bad, illegal, arbitrary and against their on (sic-own?) records, has also been sought by the petitioner. The learned counsel for the petitioner submits that in view of specific provision under Clause 15.8(vii) & (x) of the Electricity Supply Code Amendment Regulation, 2010 breakage of seal/tampering of seal would not amount to theft of electricity and thus, it is apparent that the First Information Report being Dhalbhumgarh P.S. Case No. 24 of 2015 dated 24.5.2015 is without any basis. It is further submitted that the petitioner is running an industry which has employed more than 300 persons and therefore, abrupt and illegal disconnection of electricity at the premises of the petitioner would cause serious hardship to the petitioner. The petitioner has been paying more than Rs. 50 lacs as fixed charges and monthly electricity consumption bill raised by the respondent-Jharkhand Bijli Vitran Nigam Limited is more than Rs. 1.80 crores. On these grounds the learned counsel for the petitioner submits that during the pendency of the writ petition the respondent-Jharkhand Bijli Vitran Nigam Limited may be directed to restore the electric connection at the premises of the petitioner and the petitioner may be put to conditions for restoration of electricity at its premises.
(2.) Mr. Ajit Kumar, the learned Senior counsel appearing for the respondent-Jharkhand Bijli Vitran Nigam Limited submits that earlier the petitioner defaulted in making payment of an amount of Rs. 10,67,43,640/- for which Jharkhand Bijli Vitran Nigam granted adequate indulgence and permitted the petitioner to pay the same amount in 20 installments. The petitioner though paid initial 3 installments, it has defaulted in making payment of installments since February, 2015. It is further submitted that the petitioner has also defaulted in making payment for the current electricity charges since February, 2015.
(3.) The matter was heard at length before the recess and at the request of the learned counsel appearing for the petitioner for seeking instruction for making payment of the outstanding dues, the matter was adjourned and it has been heard after recess.;