AJIT KUMAR SINHA, J. - (1.) THE present writ petition has been preferred for the following reliefs :- (i) For quashing the Compensatory Bill dated 22.08.2006 issued under the signature of Respondent No. 4, whereby and whereunder the said respondent without resorting to the Provisions and Procedure prescribed under Section 126 or Section 135 of the Electricity Act, 2003 and in utter violation of the principles of natural justice, raised an arbitrary and exorbitantly inflated amount of Rs. 14,33,340/- against the petitioner, (ii) For showing-cause the respondents as to whether respondent No. 6, Assistant Engineer has any authority or jurisdiction under Section 135 and Section 126 of the Electricity Act, 2003 to inspect, search, seize and give his own arbitrary and ex parte assessment of alleged loss amount and if not on what basis and authority Respondent No. 4, even without resorting to the concerned provisions has raised the concerned impugned bill dated 22.08.2006, (iii) For quashing the Inspection Report dated 21.08.06, which is without authority or jurisdiction of the respondents under law as well as against the principles laid down by this Hon'ble Court in the case of B.S.E.B. v. M/s. Sri Bir Ispat (1999 Vol. 1 PLJR 466), without presence of the petitioner or any other independent witness, (iv) For directing the respondents to refund/adjust the amount of the concerned Bill dated 22.08.2006 which the petitioner has been made to pay under coercion and threat of non-supply of power although the proceedings under Section 126 or 135 is yet to be exercised, if permissible in law.
(2.) THE facts in brief are stated as under :- The petitioner has taken an electric connection bearing Consumer No. HTM-9 for a contract demand of 100 KVA. The power supply of the petitioner was running very smoothly and without any dispute as the officers of the respondents used to make monthly inspection of the meter and the last inspection was made on 1.8.2006 and no dispute was raised. Certain officers of the respondent Board without compliance of the preliminary and mandatory conditions of Chapter-14 of the Electricity Supply (Code) Regulations and also without any jurisdiction or authority under Section 135 of the Electricity Act 2003 claimed to have inspected the premises of the petitioner on 21.8.2006 and prepared an Inspection Report on the same day with a noting that the bConsumer refused to sign". The petitioner further submits that the In-charge, Assistant Electrical Engineer, Mango, prepared a seizure list on the same day and also lodged an F.I.R. against the petitioner which was registered vide Mango P.S. Case No. 323/06 on 22.8.06 under Section 379 of the Indian Penal Code and Sections 135/138 of the Electricity Act, 2003 and it was stated in the F.I.R. that the petitioner had indulged in theft of electricity and has caused a loss to the tune of Rs. 13,79,000/-. On the basis of the said F.I.R. the power supply of the petitioner was disconnected by the respondents without resorting to the provision of Section 126 of the Electricity Act, 2003 without even allowing the Assessing Officer to make a provisional assessment. On 22.8.2006 a Compensatory Bill was served amounting to Rs. 14,33,340/- to the petitioner and the petitioner being constrained due to disconnection without notice was left with no alternative but to deposit the whole amount of the Compensatory Bill on 22.8.2006 itself. The power of the petitioner was restored by the respondent accordingly on the same day.
(3.) THE main contention raised by the learned counsel for the petitioner is that the action of the respondent was not in conformity and/or in compliance of the provisions of Sections 135 and 126 of the Electricity Act, 2003 and Chapter-14 of the Electricity Supply (Code) Regulations. It has further been contended that the respondents had no jurisdiction or authority to raise and realize the compensatory loss amount at their own sweet will without resorting to the provisions and procedure prescribed for provisional assessment under Section 126 of the Electricity Act, 2003.;