SHAKILA A. SHETTY Vs. THE ASSISTANT EXECUTIVE ENGINEER (ELEC.)

JUDGEMENT

(1.) IN this writ petition, petitioner has challenged the demand notice dated 14.2.1995 vide Annexure -A, order of Appellate Authority dated 18.09.2013 vide Annexure -B and the fresh demand notice dated 01.10.2013 issued vide Annexure -C pursuant to the order passed by Appellate Authority.

(2.) PETITIONER has been running an ice and cold storage plant in Udupi Town for which electricity was supplied through meter bearing R.R. No. 9047. On the basis of allegation that there was tampering of meter by the petitioner and theft of electricity, an inspection was conducted on 09.02.1995. Based on such inspection, a demand notice was issued demanding a sum of Rs. 3,16,898/ - towards back -billing charges. Petitioner filed objections to the same. She also approached this Court challenging the demand notice in W.P. No. 4572/1995. Said writ petition was admitted and an interim order was granted restoring power supply to the petitioner's plant, subject to deposit of 25% of the demanded amount i.e. Rs. 79,225/ - and the same was disposed of by order dated 14.7.1997 directing respondents to conduct a fresh enquiry in the matter.

(3.) IN the meanwhile, parallel proceedings were initiated in Criminal Case No. 2672/1995 for taking penal action against the petitioner for alleged theft of electricity. The criminal case was dismissed on 21.1.1998, as is evident from Annexure -D. Subsequently, based on the allegation of tampering of meter and illegal extraction of power, the Authorities issued a demand notice on 4.2.2009 demanding a sum of Rs. 9,62,575/ - towards back -billing charges alongwith interest. This was challenged in 'an' appeal before the Appellate Authority. Appellate Authority having heard the matter, vide its order dated 18.9.2013, has confirmed the levying of interest for the period from 14.2.1995 to 17.3.2009 and has waived the interest payable from 18.3.2009. Subsequent to the order of Appellate Authority, a fresh demand notice dated 1.10.2013 has been issued to the petitioner. Aggrieved by the said demand notice and order of Appellate Authority, petitioner has filed this writ petition.