Heard Sri Nipun Singh, learned counsel for the plaintiff-appellant.
The plaintiff-appellant was granted electric connection under category LMV-5 for running a private tube-well. It is said that apart from running the tube-well for domestic purpose, he utilized the connection for filling water in the pond for the purposes of pisciculture and as such the use of the connection is for industrial purposes, therefore, he is liable for payment of electricity charges as per the rate prescribed for industrial use.
The submission of learned counsel for the plaintiff-appellant is that use of electricity connection for running the private tube-well is not an industrial use and even if it is being utilized for filling water in the pond, it cannot be said that it is an industrial use.
The substantial question of law as such involved in this appeal is whether use of LMV-5 electricity connection meant for running private tube-wells, if utilized for filling water in pond for purposes of fisheries business, which is within the domain of agricultural activity the defendants-respondents can treat the said connection to be of industrial use and charge electricity accordingly?
Admit.
Issue notice to the respondents both on appeal and stay application.
Until further orders of this court the defendants-respondents are restrained from disconnecting the electricity connection of the plaintiff-appellant and from treating it to of industrial nature and to continue realizing dues as applicable to the category LMV-5.
Order Date :- 7.10.2010 piyush