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Rajasthan High Court · body

2014 DIGILAW 771 (RAJ)

Veer Biggaji Industries v. Jdvvnl, Jodhpur

2014-03-26

P.K.LOHRA

body2014
JUDGMENT 1. - The petitioner has preferred this wit petition against the impugned assessment order dated 21st of February 2014 (Annex.4) and Vigilance Committee Report dated 30th of January 2014 (Annex.3) and has prayed for quashing the same. 2. The facts, as emerge out from the pleadings, are that the petitioner is a consumer of respondents having electricity connection in MIP Category at his workplace, which is a milk cooling plant. On 30th of January 2014, the second respondent inspected the industrial unit of the petitioner and on vigilance survey it was revealed that petitioner is involved in pilferage of electricity. According to vigilance survey, the petitioner applied for MIP connection, the application was pending and connection was not released in its name but it utilised S.Tr. on its own level and started using electricity unauthorizedly. Considering seriousness of the allegations, the illegal connection of the petitioner was ordered to be disconnected forthwith and thereafter on assessment a demand worth Rs. 5,57,501 was raised against it which is inclusive of the compounding charges for its first offence. 3. During the course of arguments, learned counsel for the petitioner has fairly submitted that the matter may be referred to competent authority i.e. Assessing Authority, prescribed under Section 126 of the Electricity Act 2003, who may determine the final amount due against the petitioner after affording reasonable opportunity of being heard. 4. Therefore, considering availability of statutory alternative remedy under Section 126 of the Act of 2003 the present petition cannot be entertained. 5. Learned counsel for the petitioner has invited attention of this Court towards the order passed by a coordinate Bench in S.B. Civil Writ Petition No.11635 of 2013 M/s Chandrakanta & Co. v. JVVNL & Ors., decided on 18th September 2013 , wherein the coordinate Bench, while relegating the incumbent to an alternative remedy for determination of final due amount, has directed the respondents to restore power connection of the industry subject to deposition of 50% amount of demand. The coordinate Bench made following observations in the operative portion of the order: "In view of the alternative remedy available to the petitioner under the provisions of the Electricity Act, 2003 the present writ petition cannot be entertained by this Court. The coordinate Bench made following observations in the operative portion of the order: "In view of the alternative remedy available to the petitioner under the provisions of the Electricity Act, 2003 the present writ petition cannot be entertained by this Court. Learned counsel for the petitioner, however, submitted that the power supply of the petitioner has since been disconnected on 20/6/2013, the same may be restored subject to deposit of part payment out of the said demand of Rs. 7,62,222/- raised against the petitioner vide Annex.2 dated 27/6/2013. Having heard the learned counsel for the petitioner, the present writ petition is disposed of with a liberty to the petitioner to approach the competent authority, namely, the Assessing Officer under Section 126 of the Act, who will grant an opportunity of hearing to the petitioner and pass appropriate orders in accordance with law. The power connection of the petitioner industry may be restored back subject to deposit of sum of Rs. 3.5 lacs by the petitioner within a period of 15 days from today subject to final determination of the liability by the respondent Assessing Authority. With the aforesaid observations and directions, the present writ petition is disposed of." 6. In this view of the matter, the instant writ petition is also disposed of with the liberty to the petitioner to approach the competent authority i.e. Assessing Officer under Section 126 of the Act of 2003 for deciding the liability of the petitioner in accordance with law after affording opportunity of being heard. The power connection of the petitioner industry may be provisionally restored subject to deposition of Rs. 2,80,000 by the petitioner within a period of 15 days from today. The liability of the petitioner for his act of pilferage of electricity shall remain subject to final determination by the respondent assessing authority.With the aforesaid observations and directions, the petition stands disposed of.Writ Petition Disposed of As Above. *******