JUDGMENT 1. 1. In village Siwar water was being supplied through taps to the consumers by the Public Health Engineering Department. In the aforesaid village there are no water meters and as admitted by the learned Additional Government Advocate, the charges are being made at the flat rate of Rs. 14/- per month. Though it is the case of the petitioner in the writ petition that the water could not be supplied regularly to the consumers in village Siwar for a period of last six months i. e. from February 18, 1988 to May 22, 1988 but in the reply it has been admitted that the water supply could not be maintained with effect from March 9, 1988 to May 21, 1988. We will, therefore, not go into the disputed question as to whether water supply was maintained or not for the period aforementioned. For the disposal of the writ petition we will assume that it was not supplied as stated by G. A. 2. If for any reason what-so-ever the water is not supplied to the consumers, the Public Health Engineering Department cannot charge any amount, even cannot charge the flat late for the entire period and can only charge the amount for the period the water supply was maintained. No rule has been brought to our notice that if the water supply is not maintained, the consumer is bound to pay the charges. In reply it has been stated that in famine the water level had gone down and with difficulties water was being supplied to the consumers from one tubewell. 3. It may he stated that some consumers are said to have made the payment of the water bills for the aforesaid period also but some consumers have not made the payment. 4. Consequently, we hereby, partly allow this writ petition and quash the water bills for the months of March, April and May, 1988. We have already said earlier that only in the month of March 1988 water was supplied for 8 days, the water was not supplied in the month of April 1988 and was supplied only for 10 days in the month of May 1988 and, therefore, the Public Health Engineering Department is only entitled to the proportionate charges for March to May, 1988. To finally decide the dispute, we hereby order that for the aforesaid three months a bill of Rs.
To finally decide the dispute, we hereby order that for the aforesaid three months a bill of Rs. 8/- only shall be raised. A fresh bill for the aforesaid three months to the petitioners and other consumers shall be issued. If any consumer has made the payment for the aforesaid three months, the non-petitioner is directed to adjust the balance of the amount, if any in the subsequent bills which may be raised by it. Costs ,made easy.Petition Partly Allowed. *******