The petitioner has approached this Court with the following prayers :
“(i) A writ in the nature of certiorari or any other appropriate writ, order or direction calling for the records leading to Exts. P6, P7 and P9 and to set aside the same.
(ii) To declare that the petitioner is not liable to pay the penalty demand in Exhibit P6 and P7 'faux pas if misuse' which is not contemplated under Section 126 of the Electricity Act.
(iii) To issue such other reliefs that this Hon'ble Court may deem fit and proper considering the nature and circumstances of this case.”
2. The case of the petitioner is that, the petitioner owns a three storied building, of which two floors have been rented out to a co- operative society. In tune with the demand made by the tenant, the petitioner effected some alterations with regard to installation and submitted Exts. P1 and P2 applications in respect of consumer No.
11283 and 11295 for sanctioning additional load. According to the petitioner, the said applications are still pending. In the meanwhile, an inspection was conducted at the premises of the petitioner issuing Exts. P3 and P4 provisional assessment orders, which came to be finalized as per Exts. P6 and P7, casting huge liability upon the petitioner. This made the petitioner to challenge the same before CGRF, where interference was declined by the said authority, stating that it does not have any jurisdiction. Met with the situation, though the petitioner filed statutory appeal as provided under Section 127 of the Indian Electricity Act, it did not turn to be fruitful, leading to Ext. P10 order.
3. A counter affidavit has been filed by the respondents 1 to 4 referring to the sequence of events. It is stated that, the version of the petitioner, that Exts. P1 and P2 applications are still pending is not correct and that since the applications preferred by the petitioner were defective, they were returned to the petitioner then and there.
4. The learned counsel for the petitioner submits that the petitioner has already satisfied 50 % of the amount demanded, for maintaining the appeals against Exts. P6 and P7 orders. The petitioner has now been served with Exts. P11 and P12, demanding a further sum of Rs. 11,283/- and Rs. 21664/- respectively.
5. After hearing both the sides, the petitioner is required to satisfy the demand as per Exts. P11 and P12 and submit a fresh application for additional load. On such an event, the same shall be considered and appropriate orders shall be passed in accordance with law, at the earliest, at any rate, within one month from the date of receipt of copy of such application.
6. Incidentally, it has come to the notice of this Court that jurisdiction of the Deputy Chief Engineer to function as the appellate authority under Section 127 of the Act came to be considered by a Division Bench of this Court. The law stands declared with reference to the relevant provision by virtue of the judgment dated 07.07.2014 in W.P.(C) No. 11906 of 2009 and connected cases, holding that, appellate authority could only be a person, who is having no connection with the affairs of the Board. The State Government has reportedly notified the appellate authority in this regard on 15.10.2014. By virtue of the declaration of law as above, Ext. P10 order passed by the second respondent cannot have any significance at all. It will be open for the petitioner to approach the said authority, if so desires, preferring statutory appeal. If any such appeal is filed before the appellate authority, complying with the statutory requirements, the same shall be dealt with and finalized by the appellate authority in accordance with law, as expeditiously as possible. The amount satisfied by the petitioner pursuant to the demands made shall be subject to the outcome of the orders to be passed by the appellate authority as above. 'Status quo' will be continued for a period of two weeks, so as to enable the petitioner to satisfy the demand vide Exts. P11 and P12 and to submit necessary application for additional load.
The Writ Petition is disposed of.
kmd Sd/-
P. R. RAMACHANDRA MENON, (JUDGE)