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2019 DIGILAW 418 (JHR)

Radha Govind Public School through its Secretary Baijnath Sah v. Jharkhand Urja Vikash Nigam Ltd. through its Chairman,

2019-02-11

SUJIT NARAYAN PRASAD

body2019
JUDGMENT : 1. The writ petition under Article 226 of the Constitution of India has been preferred wherein the order dated 12.12.2017 having been passed by the Registrar Vidyut Upbhokta Shikayat Niwaran Forum, Hazaribagh (for short VUSNF, Hazaribagh) is not entertaining the complaint before the Forum on the ground that the High Court has earlier passed an order in W.P. (C) No.1531 of 2015, disposed of vide order dated 26.08.2015 has directed the General Manager-cum-Chief Manager, Electric Supply Area, Hazaribagh to dispose of the representation filed by the petitioner by passing speaking order since the speaking order has been passed by the said authority in terms of order passed by this Court, therefore, the Forum is having no jurisdiction rather the matter is to be adjudicated by the High Court and, therefore, the complaint has not been accepted rather it has been returned back to the petitioner. 2. Mr. Dhananjay Kr. Pathak, learned counsel for the petitioner submits that since the matter pertains to dispute of the electricity bill, although, in the initial instance, writ petition was filed being W.P.(C) No.1531 of 2015, the same have not been entertained rather this Court directed the General Manager-cum-Chief Manager, Electric Supply Area, Hazaribagh to take a decision on the pending representation, therefore, the complaint has been filed by the Forum which was within its jurisdiction to adjudicate but very surprisingly the matter has not been placed before the Forum rather the Registrar at his level has not accepted the complaint and returned it back to the petitioner. As such, the Forum as well as the Registrar of the Forum have failed in discharging their statutory obligation. 3. Mr. Navin Kumar, assisted by Mr. Amit Sinha has fairly submitted that the order is not in accordance with law. They have supported the contention by referring to the provision of Section 42 of the Electricity Act, 2003 which confers power upon the Forum to adjudicate the dispute of electricity bill. 4. Having heard learned counsel for the parties and on appreciation of the rival submissions, since there is no dispute with respect to the factual aspect since the matter pertains to dispute in the quantum of the electricity bill, the petitioner although has approached this Court at the first instance by invoking jurisdiction conferred power under Article 226 of the Constitution of India. But this Court by taking into consideration the fact that the representation was pending before the General Manager-cum-Chief Manager, Electric Supply Area, Hazaribagh instead of entering into merit of the issue has directed the concerned General Manager to take decision in accordance with law, in terms thereof, the decision was taken by the General Manager by passing speaking order against the petitioner, being aggrieved with the same he has invoked the jurisdiction of the Forum created under Section 42 of the Electricity Act, 2003 but instead of adjudicating the same on merit the Registrar on its own level returned back the matter to the petitioner. According to this Court, the registrar of the Forum and General Manager-cum-Chief Manager, Electric Supply Area, Hazaribagh have not acted within their jurisdiction rather they have acted by not following statutory provision under Section 42 of the Electricity Act, 2003 which has been meant by conferment of power upon the Forum to adjudicate the dispute arisen between the parties pertaining to electricity bill, merely because the High Court has directed the General Manager to dispose of the representation that does not mean that after order having been passed by the General Manager if the consumer is aggrieved the same is to be filed before the High Court the same is illegal order in view of the fact that the statutory Forum as provided under Section 42 of the Electricity Act, 2003 is available thereby, the Forum and the Registrar has not acted in terms of the power conferred upon them under Section 42 of the Act. 5. In view thereof, the order dated 12.12.2017 is quashed and in consequence thereof, the matter is remitted before the Forum for adjudication of the dispute in accordance with law within period of ten weeks from the date of receipt of a copy of this order after hearing the affected parties. 6. With the aforesaid observation and direction, the writ petition stands disposed of.