Ashok Kumar v. B.S.E.S. Yamuna Power Ltd

1. Present writ petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of india seeking a direction to quash/set aside the impugned Assessment Order dated 17.1.2013 and the impugned bill dated 13.2.2013.

2. Learned counsel for the petitioner submits lhat the petitioner is aggrieved by the assessment order dated 17.1.2013 passed by the Assessing Officer and the consequent bill raised by the respondent on 13.2.2013 on account of theft of electricity. Counsel furU1er submits that at the time when the electricity meter was installed at the premises bearing no.10043/l, Gali ~Jo.3, West Gorakh Park, Shahdara, Delhi, all the seals of the electricity meter were intact and in Fact the CT meter box was duly sealed with the seals bearintJ no.K013852 and 013853. Counsel further submits that even at the time of inspection, which was carried out by respondent on 2013:DHC:7758 ' 9.5.2012, all the seals of the CT meter box were found intact, which is evident from the report of the respondent, however, when the meter was sent for testing it was found that it was running slow by 31.71% and various observations were made including that R-phase CT current wire was cut from the CT terminals. Counsel contends that this is not possible unless the seals are broken or tampered with. Counsel further contends that this argument was raised by the petitioner before the Assessing Officer, which is evident from the reading of the order dated 17.1.2013, but the same has not been addressed by the Assessing Officer while passing the impugned order.

3. !ssue notice to show cause to the respondent as to why petition be not admitted. Notice in the application as well. Learned counsel for the respondent accepts notice.

4. After some hearing in the matter, without prejudice to the rights and contentions of the parties, it is agreed by counsel for the parties that:

(i) the impugned Assessment Order dated 17.1.2013 and the impugned bill dated 13.2.2013 are set aside to enable the Assessing Officer to pass a fresh order addressing the arguments of the petitioner including the submission that without tempering of seals of the electricity meter it is not possible to tamper the CT meter box; W.P.(C) 1316!2013 2/3

(ii) The Assessing Officer will grant another hearing to the petitioner and thereafter pass a final order within six weeks thereafter. The respondent will inform the date and_ time of hearing to the petitioner at the address mentioned in the present writ petition;

(iii) The owner of the subject premises will file an affidavit of undertaking in this Court within two weeks from today clearing stating that the factory premises will not be sold without prior permission of the Court or till the present demand, if raised, is cleared or subject to further orders which may be passed by the Court. Along with the affidavit the owner shall append his/her proof of ownership of the premises in question. II,--. 5. Writ petition and application stand disposed of in above terms.

6. DASTI to the parties. APRil 09, 2013 msr W.P.(C) 1316/2013 ___-ef·-'. ~ G.S.SISTANi, j,...--