1. As common issues are involved in the captioned petitions,
with the consent of both sides, the same are hereby disposed of by this
common order. For the sake of brevity and convenience, facts are
borrowed from CWP-35731-2025.
2. The petitioner through instant petition under Articles
226/227 of the Constitution of India is seeking setting aside of checking
report dated 04.07.2017 (Annexure P-4), assessment order dated
15.07.2017 (Annexure P-3) demanding electricity charges ₹4,05,200/-
and compounding notice dated 15.07.2017 demanding fee ₹75,000/-.
3. The petitioner is engaged in the business of sale of wooden
furniture and trading of scrap. He obtained Non-Domestic Supply
(‘NDS’) electricity connection. The respondent installed electricity meter
on the electric pole located outside the petitioner’s premises. On
11.05.2014, sparking was emanating from the electricity meter and
ultimately it got burnt. He submitted before respondent that meter has
burnt due to technical reasons, thus, he is not liable to pay replacement
fee. The respondent refused to replace burnt meter without deposit of cost
of replacement. He under protest deposited Rs.1,100/- towards meter
replacement charges. His electricity connection was restored on
20.06.2017. On 06.07.2017, the replaced meter got burnt. He reported the
matter to Authorities. The Officials of respondent verified that meter has
burnt due to technical reasons. The respondent on 15.07.2017 temporarily
restored his connection. On 15.07.2017, the respondent issued notice
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CWP-35731-2025 (O&M) and other connected cases -3-
alleging that checking was carried out on 14.07.2017 and during checking
bypass use of electricity was noticed. The respondent assessed theft of
electricity of ₹4,05,200/-. The respondent vide notice dated 15.07.2017
assessed compounding fee. Notice dated 15.07.2017 reads as:-