SCA/206919/1999 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 2069 of 1999 For Approval and Signature: HONOURABLE MR.JUSTICE AKIL KURESHI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= ABDULKADAR MOHMAD AMIBHAI BHORANIA THRO' HEIR & LEGAL RE - Petitioner(s) Versus GUJARAT ELECTRICITY BOARD & 2 - Respondent(s) ========================================================= Appearance : MR MEHUL S SHAH for Petitioner(s) : 1,MR SURESH M SHAH for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1 - 2. MR PK PANCHOLI for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 10/12/2008 ORAL JUDGMENT Petitioner has challenged an order dated 28th December 1998 passed by the Appellate Committee of SCA/206919/1999 2/4 JUDGMENT the Gujarat Electricity Board by which the appeal of the petitioner was partially accepted. 2. The petitioner was enjoying electricity connection granted by the GEB. Upon inspection, seals on the meter were found missing. Case of theft of electricity was, therefore, registered. The Competent Authority after taking into consideration the report of the laboratory raised a bill of Rs.42,693/-. The petitioner appealed against the said demand. The Appellate Committee by the impugned order dated 28.12.98 though upheld the finding of meter tampering, reduced the bill demand to Rs.23,579.63 ps. 3. During the pendency of the petition, subject to outcome of the petition, the petitioner has paid up the said amount. 4. Learned advocate Shri Mehul Shah appearing for the petitioner submitted that the authorities below did not consider the material on record. It ought to have appreciated that though seals were missing, there was no evidence to show that there was theft of electricity. In order to substantiate this contention, he relied on document produced along with Civil Application No.1412 of 2006 wherein the petitioner has produced bills for the connection before and after the events. 5. Having heard the learned counsel for the SCA/206919/1999 3/4 JUDGMENT petitioner and having perused the material on record, I find no scope for interference in exercise of writ jurisdiction under Article 226 of the Constitution. Admittedly, seals of the meter of the petitioner were found missing. This was recorded by the raiding party as also in the laboratory report. This aspect is not even seriously disputed by the petitioner. Once the seals were found missing, the authorities were entitled to apply the statutory formula for collection of unpaid electricity dues. In fact, in the present case, it is not possible to hold that despite seals being missing, no case of tampering with the meter was made out. Under the circumstances, the petition is devoid of merits and is required to be dismissed. 6. Counsel for the petitioner has relied on a decision of the learned single Judge in the case of Modern Terry Towels v. G.E.B., reported in 2003 (1) GLH 293. In the said case also, it was observed that the consumer is expected to use all reasonable means to ensure that no seal affixed by the Board is broken and even if consumer himself has not broken seal, he is liable to fine unless he proves that he had used all reasonable means in his power to ensure that the seal should not be broken. In the present case, there is no assertion of the petitioner that the petitioner had tried to bring to the notice of the Board the factum of missing seals. SCA/206919/1999 4/4 JUDGMENT 7. Considering all these aspects of the matter, the petition is dismissed. Rule is discharged. (Akil Kureshi, J.) (vjn)