Civil Writ Petition No. 19121 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 19121 of 2009 Date of Decision: 11.12.2009 Harcharan Singh …Petitioner Versus The Punjab State Electricity Board and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Pankaj Katia, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The present writ petition has been filed for setting aside impugned provisional assessment order (Annexure P1) and final assessment order (Annexure P3) passed by respondent-Electricity Board along with impugned order (Annexure P5) passed by the Appellate Authority. Petitioner had been directed to pay Rs.97,274/- for consumption of electricity which was unauthorized and amounted to theft. Annexure P1, provisional assessment order, specifically states that above the kotha of the consumer, there was a direct line and by putting a joint in the main line, the electricity was being stolen. Grip screws were taken off. It was held to be case of electricity theft. The finding of fact to this effect has been returned while Civil Writ Petition No. 19121 of 2009 2 passing a final assessment order (Annexure P3) and subsequently in appeal decided by the Appellate Authority below. This Court, in writ jurisdiction, will not be able to disturb the finding of fact regarding theft of electricity. Counsel for the petitioner has stated that father of petitioner was the consumer and he had expired and, thereafter, petitioner is facing great financial hardships. Counsel further states that out of the amount of Rs.97,000/-, petitioner had already paid 1/3rd amount. Regarding the remaining amount, this Court should consider making of payment of instalments. Counsel for the petitioner states that he will make the payment of remaining amount in three instalments within one year. This Court, taking into consideration financial hardship faced by the petitioner, is inclined to accept his prayer. Thus, the first instalment shall commence from 1.1.2010. Non payment of first instalment shall entitle the authorities to proceed against the petitioner, in accordance with the provisions of law. With the observations made above, the present writ petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge December 11, 2009 “DK”