C.W.P. No.20766 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.20766 of 2008 Date of decision:13.07.2009. M/s Rakesh Rice Mill ...Petitioner Versus Uttar Haryana Bijli Vitran Nigam Ltd. Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr. V.K.Jindal, Advocate, for the petitioner. Mr. Narender Hooda, Advocate, for the respondents. ***** JASBIR SINGH, J. Vide notice dated 05.12.2008 (P-3), demand, for an amount of Rs.17,08,809/- was raised from the petitioner, on the basis of checking report dated 04.12.2008 (P-2). Record reveals that on 4.12.2008 electric meter installed in the premises of the petitioner was checked by a special constituted team. As per report Annexure P-2, seals, put on the electric meter were found tampered. In view of the above said fact and treating it as a case of theft of electric energy, demand in question was raised against the petitioner. By making reference to the instructions issued vide Sales Circular No.U-54/2007 dated 13.07.2007 (P-4), counsel for the petitioner states that when imposing penalty, instructions issued vide the above said Sales Circular were not noticed. Specific reference has been made to instruction No.12(B) which deals with testing of meters/seals/metering equipments. It is contention of counsel for the petitioner that as per instructions referred to above, it was incumbent upon the respondents to C.W.P. No.20766 of 2008 -2- get the seals verified in M&T Laboratory, that too after issuing a notice to the petitioner. As per the admitted fact, in this case veracity of the seals, put on the meter, was verified at the spot, after requisitioning sample seal, lying in the office of the respondents at Yamuna Nagar. This Court feels that technically, there is defect in giving the finding regarding authenticity of the seals. In view of the above, let the Board send the meter, along with seals recovered, to M&T Laboratory at Karnal. The sample seals lying in the office of the respondents be requisitioned for verification. Before doing above said exercise, notice of the date fixed be issued to the petitioner and in his presence verification regarding genuineness or otherwise of the seals be made, as per procedure. It is made clear that till such time decision is taken as mentioned above, the authority shall not disconnect electric supply to the petitioner on account of non-payment of penalty amount involved in this writ petition. However, in case seals are found to be fake on verification, the authorities be at liberty to insist for payment of remaining 50% amount and if the seals are found to be genuine, the amount deposited by the petitioner with the department be refunded to or adjusted against the account of the petitioner. This petition is disposed of. July 13, 2009. ( JASBIR SINGH ) vinod JUDGE