C.W.P.No.20476 of 2006 -1- In the High Court of Punjab and Haryana at Chandigarh C.W.P.No.20476 of 2006 Date of Decision:12-05-2008 Keerti Flour Mills Limited ---Petitioner vs. State of Punjab and others ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA *** Present: Mr. D.D.Bansal, Advocate, for the petitioner Mr.Suveer Sehgal, Additional Advocate General, Punjab Mr.Ashish Verma, Advocate, for respondents No. 2 to 4. M.M.KUMAR, J. The instant petition is directed against order dated 15.9.2005 (Annexure P-14) passed by the Senior Executive Engineer, Punjab State Electricity Board, Giddarbaha, on the ground that illegal demand has been raised which is contrary to the Board circular No. 36/99 (Annexure P-2). According to the circular industrial units established on the focal Points were to be provided certain benefits along with 24 hours uninterrupted supply of electricity. It has also been prayed that directions be issued to respondents to restore electricity connection of the petitioner which was C.W.P.No.20476 of 2006 -2- disconnected as the petitioner claims to have deposited the amount due in pursuance to Board circular No. 36/99. When the matter came up for consideration on 5.3.2008, we had passed the following detailed order after hearing counsel for the parties: “It is conceded position that some dues of the respondent- Board are outstanding towards the petitioner which include the actual consumption charges and installation charges. There is dispute as to whether the rate of load is required to be calculated under circular 43/93 or 36/99 by the respondent-Board. A later circular indicated load from rural feeder whereas the earlier circular deals with tariff from urban feeder. The unit of the petitioner is required to be supplied energy from rural feeder. For some reasons, the supply has been given from urban feeder and rates have been demanded on the basis of circular 43/93 dealing with the urban feeder. Mr. D.D.Bansal, learned counsel for the petitioner states that if the dues are calculated in accordance with circular 36/99 then the petitioner shall deposit the same within one week from the date of demand notice. Accordingly we direct that the demand by the respondent Board be raised by calculating the dues under circular 36/99. The needful shall be done within two weeks and the payment shall be made within one week thereafter. If the needful is done within two weeks and the payment is also made within a week thereafter, C.W.P.No.20476 of 2006 -3- then the supply of energy shall be restored to the petitioner without further loss of time, However, it is made clear that if the calculation is not made in accordance with circular 36/99 then supply has to be restored to the petitioner as per directions in the preceding part of the order. However, if any payment has already been made by the petitioner under any of the circulars, the same shall be adjusted. To come up for further consideration on 30.4.2008. A copy of this order be given to the learned counsel for respondents No. 2 and 4 under the signatures of the Bench Secretary.” In pursuance to the above directions, officiating Executive Engineer, Manjeet Singh, City Sub Division, Giddarbaha has filed an affidavit stating that a demand notice dated 14.3.2008 for an amount of Rs. 352535/- has been issued to the petitioner which is in accordance with the Board circular No. 36/99. The break up of the amount calculated has been given in the demand notice which reads as under:- 1. Electricity Bill from April 2005 to - 76612.00 May,2005 (Sub Urban Giddarbaha) 2. Cost of Burnt C.T/P.T. - 40470.00 (as per checking dated 4.3.2005) 3. Dues of Bills from 14.5.2007 to -119518.00 8.8.2007(Rural Sub Division) 4 .R.C.O. Fee - 250.00 5. Minimum Monthly Charges from - 265685.00 C.W.P.No.20476 of 2006 -4- 9.8.2007 to 8.3.2008=37955 X 7 months Total - 502535.00 6. Installment of variable charges - 150000.00 deposited by you. ===================== Net Payable amount Rs. - 352535 ======================= The aforementioned demand notice and the amount of Rs. 216685/- has been arrived at in pursuance to Rule 39.4 of the P.S.E.B. Sales Regulations which reads as under:- “Reconnection within One Year: If the consumer removes the default/clears the outstanding dues and seeks reconnection within a period of 1 year from the date of permanent disconnection, reconnection be allowed by the operation officers, provided the consumer pays the minimum charges for the actual period of disconnection. In addition the consumer should pay reconnection charges service rentals and meter rentals, if applicable. Loading conditions permitting the reconnection may be allowed on old terms & Conditions. A perusal of the aforementioned rule clarifies that minimum charges for the actual period of disconnection has to be paid by the petitioner. Accordingly, the amount has rightly been calculated at the rate of Rs. 37955/- per month (Rs. 265685-00)for a period of seven months, for which period the electricity supply was disconnected to the petitioner i.e. from 9.8.2007 to 8.3.2008. There is no illegality in the aforementioned C.W.P.No.20476 of 2006 -5- demand notice and the petitioner is required to deposit the demanded amount. In view of the above, the writ petition is disposed of with the observation that the petitioner shall deposit the amount as per demand notice dated 14.3.2008. If any suit has been filed on the same cause of action, it would not survive in view of the disposal of this writ petition in the terms mentioned above. (M.M.KUMAR) JUDGE (SABINA) JUDGE May 12, 2008 paramjit