In order to convict a person under section 135 of the Indian Electricity Act, the electric company must afford a reasonable opportunity to the party of being heard: Gujarat High Court
Anilaba Mangalsinh Rana vs The Paschim Gujarat Vij Company … on 3 May, 2023
Bench: Honourable Justice Vaibhavi D. Nanavati
R/SPECIAL CIVIL APPLICATION NO. 6198 of 2022
Facts
The petitioner is a house-wife and residing in a particular. premises. The Respondent Company granted electricity connection in the name of the petitioner for residential purpose as and the petitioner was regularly making the payment of electricity bills issued by the respondents. One day, the officer belonging to the respondent company came to the premises and inspected the house of the petitioner. Thereafter, a supplementary bill was issued under Section 135 of the Indian Electricity Act by the respondent. Section 135 imposes punishment for any person who dishonestly uses electricity for a purpose other than that mentioned. On finding irregularity for the offence under Section 135 of the Act, the respondent authority issued Rs.88,117.20 supplementary bill plus compounding charge of Rs.4000/- totaling to Rs.92,117.20. The petitioner made a representation to respondent No.2 stating that the supplementary bill of Rs.92,117.20 was without following due process of law and illegal. However, the respondent authority failed to reply. Consequently, legal notice came to be issued by respondent No.2 however, it was of no avail. Hence, the petition has been filed.
The advocate appearing for the petitioner submitted that the issuance of the impugned supplementary bill was against the principles of natural justice and the position of law. He cited the case of Bhavani Oil Industries v/s. Paschim Gujarat Vij Company Limited, reported in 2021 (2) GLH C/SCA/6198/2022 ORDER DATED: 03/05/2023. He held that the petitioner hadn’t been effected a reasonable opportunity of being heard.
Judgement
Considering the position of law and the facts of the case, the Court held that the impugned supplementary bill of Rs. 92,117.20 issued by the respondent under Section 135 of the Electricity Act, was undisputedly issued without following the due process of law. The court remanded the matter to the competent authority to reassess and finalize the said supplementary bill, after affording an opportunity of hearing to the petitioner
JUDGEMENT REVIEWED BY AMIT ARAVIND
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