In a major boost to Assam Power Distribution Company Limited’s (APDCL) vigorous exercise to rein in those indulging in power thefts, the Gauhati high court recently dismissed a petition by a city-based steel industry seeking relief from payment of bill of over Rs 2 crore and restoration of power supply.
A source said APDCL has identified 52 such cases of unauthorized use of electricity and together they now owe the state-owned power company over Rs 200 crore.
In this first case, M/s Shiv Alloys Steel of Boragaon moved the HC against final assessment of Rs 2.78 crores dues made by APDCL on account of unauthorized use of electricity and also prayed for restoration of electricity connection.
Justice Prasanta Kumar Deka on August 12 dismissed the petition stating that “the same is not maintainable as there is a specific alternative remedy i.e. the appellate authority prescribed under Section 127 of the Act, 2003.”
Justice Deka observed, “As held in Assistant Collector of Central Excise, Chandan Nagar, West Bengal –Vs- Dunlop India Ltd. And Others (supra), if the matter involves revenue and the statute prescribes a statutory remedy, those matters ought not to be considered bypassing the said statutory mechanism.”
The petitioner had a connected load of 1200 KW and on June 9, the inspecting team of APDCL visited the petitioner’s premises and found an external circuit which was used to interfere with the energy recording by the metering system and immediately disconnected the power supply. On the same day, a seizure was made and an FIR was lodged by the APDCL team in the Gorchuk Police Station, charging the petitioner with theft of electricity.
After assessment, a provisional assessment bill of Rs 2,78,95,505 was served on the petitioner for the period of November 23, 2020 to June 9, 2021, which was upheld by the APDCL area manager in the final assessment in a hearing on July 2.
Justice Deka observed, “It is also stated that the petitioner raised in this writ petition disputed questions of fact and moreover there is an adequate alternative remedy in order to decide the disputed questions of fact under Section 126 of the Act of 2003, Section 127 of the Act, 2003 provides an adequate and effective alternative remedy in the form of an appellate authority against final assessment made under Section 126 of the Act, 2003. The writ petitioner is aggrieved on the technical and factual grounds as raised in the writ petition and as such the petitioner is required to file an appeal under Section 127 of the Electricity Act, 2003.”
Additional advocate general of Assam PN Goswami, who appeared for APDCL, said, “The Hon’ble high court dismissed such writ petition being not maintainable. Consequently, now electricity would not be restored, which was disconnected when an inspecting team of APDCL found theft of electricity by M/s Shiv Alloys Steel.”
