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Rajasthan High Court · body

2015 DIGILAW 2003 (RAJ)

Raju Ram v. JVVNL, Jodhpur

2015-12-03

P.K.LOHRA

body2015
JUDGMENT 1. - The petitioner has preferred this wit petition against impugned assessment order dated 27th of April 2015 (Annex.6) and Vigilance Committee Report dated 4th of April 2015 (Annex.5) and has prayed for quashing the same. 2. The facts, as emerge out from the pleadings, are that petitioner is a consumer of respondents having non-domestic electricity connection at his restaurant on Phalodi-Jodhpur Highway. On 24th of April 2015, the restaurant of the petitioner was inspected and on vigilance survey it was revealed that the petitioner was involved in pilferage of electricity. According to vigilance survey, at the time of checking, tapping of service lane was found at the premises of petitioner. Considering seriousness of the allegations, the electricity connection of the petitioner was disconnected and thereafter on assessment a demand worth Rs. 1,50,446/- was raised. 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. 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. 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 liberty to the petitioner to approach 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 electricity connection of the petitioner may be provisionally restored subject to his depositing Rs. 75,000/- (Rupees seventy five thousand) 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. 7. With the aforesaid observations and directions, the petition stands disposed of.Petition disposed of. *******