PRASHANT KUMAR, J. - (1.) THIS writ application has been filed for the following reliefs: (a) For issuance of an appropriate writ or a writ in the nature of MANDAMUS directing upon the Respondents to forthwith restore the electrical connection of the petitioner which has been disconnected on 5.5.2010 pursuant to a purported inspection alleging unauthorized use of electricity in terms of Section 135 of Electricity Act, 2003, inasmuch as the said disconnecting is tainted with malafide and arbitrariness and without any reasonable basis thereof. (b) For issuance of an appropriate writ or writ in the nature of CERTIORARI for quashing the inspecting report dated 5.5.2010, inasmuch as the allegation levelled against the petitioner based upon such inspecting report alleging breaking of seals and unauthorized usage of electricity is not within the domain of Section 126 or 135 of the Electricity Act, 2003, since merely because some of the seals were alleged to be found broken does not make out the case of theft of Electricity. (c) For a declaration that until such time the Electricity Board gets the meter tested under the provision of Clause 13.4 of Electricity Supply Code, Regulations, 2005, the licensee cannot proceed under section 126 of the Electricity Act, 2003 in raising penal bill, until such time the provision of clause 13.4 of the Electric Supply Code are strictly complied with by the licensee. (d) For issuance of an appropriate writ or a writ in the nature of MANDAMUS directing upon the Respondents to forthwith send the meter, which has been removed from the petitioners premises on 5.5.2010 to the third party investigation/laboratory, as approved by the State Electricity Regulatory Commission. (e) For issuance of an appropriate writ or writ in the nature of MANDAMUS directing the third party investigation/inspecting by the Vigilance Department of the Government of Jharkhand, in order to analyze/ investigate as to whether the seals alleged to have been tempered with/duplicate can be verified so as to arrive at a logical conclusion, as to whether at all the seals purported to have been tampered is the actual seals of the Board or not and also as to whether in order to harass the petitioner allegations of theft is being made or not. (f) For issuance of any other appropriate writ(s) or direction(s) or order (s) as Your Lordship may deem fit and proper in view of the facts and circumstances of the case for doing conscionable justice to the petitioner.
(2.) AN Interlocutory Application filed by the petitioner being I.A.No.2023 of 2010 wherein petitioner had prayed that provisional order of assessment passed on 05.05.2010 be quashed. Petitioner further prayed that the bill of Rs.55,06,254/ - raised on the basis of provisional assessment order dated 05.05.2010 be also quashed.
(3.) IT appears that aforesaid I.A. has been allowed vide order dated 18.05.2010 and it is ordered that the amendment sought for in I.A. petition be treated as the part of main writ application. By the said order petitioner was directed to deposit a sum of Rs.25,00,000/ - ( rupees twenty five lacs) in two equal installments, within a period of four weeks. It is further directed that if such payment made by the petitioner then the electric connection of the petitioner's premises shall be restored. It appears from the counter affidavit that the said amount has been paid, consequent upon, the electric connection of the petitioner's premises restored. Thus, at present, the petitioner has confined his prayer for quashing the inspection report dated 05.05.2010, quashing of provisional assessment order on the basis of above inspection and also quashing of bill of Rs. 55,06,254/ - issued on the basis of aforesaid provisional assessment order.;