M/s Ramkrishna Forging Limited v. Jharkhand State Electricity Board & Ors.

29.01.2009 is beyond the purview of the Explanation to Section 126 of the Electricity Act, 2003. Learned Sr. counsel, Mr. M.S. Mittal has further submitted, that error, which has been committed by the respondent in considering the petitioner being licencee to be an authorized person to use the Electricity is itself bad in law. The issue has already been decided by co-ordinate Bench of this Court in the case of M/s Akshaya Roll Mills Pvt. Ltd. vs. Jharkhand State Electricity Board & Ors. 2015 SCC OnLine Jharkhand 4017 : (2016) 163 AIC 313 : (2015) 4 JBCJ 523 High Court wherein it has -2- been held that a person or consumer cannot be considered to be unauthorized. If he has consumed an electricity and he is ready to pay and in this case petitioner has already paid the same, as such, assessment made by the respondent is bad in law and the same may be set aside. Learned counsel for the respondent- JESB, Mr. Manoj Kumar has submitted that it is true that the respondents have made assessment on wrong presumption that petitioner is unauthorized person, though this issue has already been dealt with by co-ordinate Bench of this Court, as such, the assessment order is bad in law, as such, this Court may pass necessary order. Considering the rival submissions, looking into the facts and circumstances of the case, the impugned order dated 10.11.2009 (Annexure-11), passed by General Manager -cum- Chief Engineer, Singhbhum Area Electricity Board, Jamshedpur is bad in law and thus, the same is hereby set aside. Accordingly, the instant writ petition is allowed. (Kailash Prasad Deo, J.) R.S.