D.N. Patel, A.C.J. - (1.) This Letters Patent Appeal has been preferred by the appellant (original petitioner) whose writ petition being W.P.(C) No.599 of 2015 was dismissed by the learned Single Judge vide judgment and order dated 22nd April, 2015 whereby the prayer of this appellant for installation of the prepayment electricity meter and waiver of the security deposit was not accepted by the learned Single Judge and hence, the appellant (original petitioner) has preferred the present Letters Patent Appeal.
(2.) Having heard the counsel of both the sides and looking to the facts and circumstances of the case, it appears that this appellant is a consumer of the electricity. His average monthly consumption is much higher and hence security deposit has to be given by this appellant as per Section 47 of the Electricity Act, 2003. The appellant is relying upon Section 47(5) of the Electricity Act, 2003 and has insisted for installation of the pre-payment electricity meter and waiver of the security deposit. This contention is not accepted by this Court mainly for the reasons that:- (a) This appellant has failed to establish that it was the duty of the respondent No.1 to install pre-payment electricity meter at the premises of this appellant. (b) Learned counsel for the appellant has relied upon Section 55 of the Electricity Act, 2003 to establish the duty of respondent No.1 for the installation of the pre-payment meter. We have perused Section 55 of the Electricity Act, 2003. There is no such duty vested in the respondents that respondent No.1 must install pre-payment electricity meter. (c) It is submitted by the counsel for respondent No.1 that in not a single premises in the State of Jharkhand, respondent No.1 has installed pre-payment electricity meter. Such type of installation of the electricity meter is a policy decision which is yet to be taken by respondent No.1.
(3.) Thus, it appears that there is no such statutory duty vested in respondent No.1 to install pre-payment electricity meter and hence, there is no question of any public duty vested in respondent No.1 whatsoever arises for installation of pre-payment electricity meter and hence, for non-installation of such pre-payment electricity meter and waiver of the security deposit, no writ of mandamus can be issued by this Court in exercising power under Article 226 of the Constitution of India.;