IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.13299 of 2009 Date of Decision: 28.08.2009 Diplast Plastics Ltd. Petitioner Versus Punjab State Electricity Board and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.Hitesh Pandit, Advocate for the petitioner ….. Jasbir Singh, J.(Oral) This writ petition has been filed with a prayer to quash order dated 2.8.2007 (P2A), vide which, commercial tariff was proposed to be imposed against the petitioner. Further challenge is to the order dated 17.2.2009 (P4), dismissing appeal filed by the petitioner. It is apparent from the records that the petitioner was given SP electricity connection, however, on inspection, it was found that it was using the same for commercial purpose. By noticing difference in the tariff, notice Annexure P2 was served upon it. Thereafter, on discovering that the petitioner is in the business of manufacturing plastic items, commercial tariff was imposed upon it. The petitioner went in appeal, which was dismissed by observing as under:- “After perusal of the file and hearing the arguments of the parties, I am of the view that the appellant has no where mentioned in his appeal regarding the use of the plot in Civil Writ Petition No.13299 of 2009 question as a godown nor the appellant has given any answer on this point raised by the respondent Board. Further the appellant has not been able to produce any documentary evidence by which it can be proved that the premises in dispute is not being used as godown. Whereas the respondent counsel has produced the record regarding inspection done by the Enforcement wing in which it is clearly stated that there is no industrial activity being carried on in the plot in question and that the supply of electricity is being used for plastic pipe fittings and for its godown and also for packaging of vegetables. Therefore, as per the regulations NRS tariff has been imposed. From the above it is proved that the respondent has imposed a valid penalty on the appellant in accordance with rules of Punjab State Electricity Board.” This Court feels that the order passed is perfectly justified. At the time of inspection, it was found that the electricity was being used for manufacturing the plastic pipes and fittings and for the purpose of godown. No case is made out for interference. Dismissed. 28.08.2009 (Jasbir Singh) gk Judge 2