Writ petition challenging an order for electricity theft and enforcement of an assessment bill. Court directed the respondent to hear the petitioner and disallowed the bill and disconnection order during the hearing process.
Hearing fixed to 25.02.2020. Impugned order and assessment bill put in abeyance pending said hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~A-40
versus
BSES RAJDHANI POWER LTD. AND ANR. ..... Respondents Through Ms.Anju Thomas, Adv. for Mr.Sunil Fernandes, Standing Counsel for BSES-RPL.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH O R D E R
% 05.02.2020 1. This petition is filed by the petitioner seeking to impugn the speaking order dated 17.10.2019 whereby a direction was passed under the Delhi Electricity Supply Code and Performance Standards Regulations 2017 and Sections 135 and 138 of the Electricity Act, 2003, holding that theft of electricity has taken place. Based on this speaking order, an assessment bill has now been raised on the petitioner on 06.11.2019 for a sum of Rs. 1,57,6777/-.
Grid Connection under the Renewable Energy System. Thereafter, the respondent is said to have sent the two meters to the testing laboratory. In one metre, it is reported that there has been some tempering of the meter. Based on that a connection load of 15KW has been taken for the said meter and the aforesaid bill has been imposed on the petitioner. He submits that there was no occasion for the petitioner to temper the electricity meter. Further, there were two electricity meters in the premises and the respondent has wrongly taken the connection load of 15 KW for the alleged meter in question.
JAYANT NATH, J
FEBRUARY 05, 2020 rb
3 issues framed by the court
Whether the petitioner is entitled to a hearing before an assessment bill for electricity theft is finalized and disconnection notice is served.
Whether the impugned speaking order under the Delhi Electricity Supply Code passed without a hearing to the petitioner is valid.
Whether an appeal lies under Section 127 of the Electricity Act, 2003 in a case of electricity theft not amounting to misuse.
3 provisions across 2 enactments
Dinesh Kumar
BSES Rajdhani Power Ltd. and Anr.
Jayanth Nath
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
