It is urged in this Constitutional petition that electricity to the petitioner's premises was disconnected on 5-9-2001, in utter violation of the order of the Electric Inspector, copy annexed 'A' and the statutory provision contained in section 24(1) of the Electricity Act, 1910. It is prayed that the act of disconnection be declared without lawful authority and restitution be ordered.
2. This Court directed notice to respondent No,4 to personally appear and justify the disconnection.
Notice was directed to be served through special messenger. Record shows that notice has been served. Respondent No,4 has not cared to enter appearance to defend the impugned action.
3. In the absence of any justification for disconnection, there is no option but to accept this petition.
Order of the Electric Inspector is attached as Annexure 'A' and there is no reason why it should not be implemented.
4. This petition is allowed with costs. Respondent No,4 is directed to restore the supply by 12 noon tomorrow under intimation to Deputy Registrar (J) of this Court. In view of the grave violation by respondent No,4, of law and propriety special costs of Rs,10,000 are imposed upon respondent No,4.
The disbursing officer shall deduct this amount and deposit it in this Court. On realisation, this amount shall be paid to the petitioner. Copy of this judgment shall also be sent to respondent No,2 for initiating appropriate action against respondent No,4.