RUGHA RAM Vs. JODHPUR VIDHYUT VITARAN NIGAM LIMITED
LAWS(RAJ)-2012-7-27
HIGH COURT OF RAJASTHAN
Decided on July 13,2012

RUGHA RAM Appellant
VERSUS
JODHPUR VIDHYUT VITARAN NIGAM LIMITED Respondents

JUDGEMENT

- (1.) HEARD the learned counsel for the petitioner and perused the material placed on record.
(2.) ISSUE notice for final disposal. The learned counsel Mr. Kuleep Mathur, who has appeared for the respondents in this Court in the similar nature petitions, has been requested to and has put in appearance. Requisite sets of paper-book have been supplied to him. The petitioner, who has applied for an agricultural electricity connection in the year 2007 and was sanctioned such connection on 12.01.2010, failed to deposit the requisite demand amount for release of the connection within the stipulated period of 90 days. Seeking directions for consideration of his case for release of electricity connection as per the sanction already issued with enlargement of time for deposit of the amount of demand, the petitioner has referred to the cases of some other persons in whose regard, the Zonal Chief Engineer directed the Superintending Engineer to accept the demand amount beyond time; and who were released the electricity connection. The petitioner has also referred to an order dated 16.03.2011 (Annex.4) as issued by the respondents for restoration of the default cases between the period 01.04.2011 to 30.04.2011. The petitioner submits that the said order dated 16.03.2011 was applicable to his case too but he was not granted the opportunity to make the deposit with enlargement of time. The petitioner has, therefore, prayed for directions against the respondents that with enlargement of time for making the requisite deposit, they would release the electricity connection, as applied for. The learned counsel for the petitioner submits that the subject matter of this petition stands squarely covered by the common order dated 27.04.2012 as passed by this Court in the petitions led by S.B. Civil Writ Petition No. 1433/2012 (Sardara Ram Vs. Jodhpur Vidyut Vitran Nigam Limited & Ors). The referred order dated 27.04.2012 reads as under:- "Instant petitions have been filed by the petitioners seeking mandamus against the respondents that on depositing the pre-requisites in terms of demand notice impugned herein, their application for release of agricultural electricity connection may be considered in terms of order of the authorities granting relaxation vide order dt. 16.03.2011 to such of the applicants who for good reasons could not deposit the pre-requisites in terms of demand notice. It has not been controverted that what has been alleged by the petitioners in the instant petitions has been examined and the respondents were directed to grant extension of time to the writ petitioner to deposit the pre-requisites in terms of demand notice issued from the office of the respondent and electricity connection be released. Counsel for petitioners in support of submissions placed reliance upon the judgment of this Court in Gordhan Ram Vs. Jodhpur Vidhyut Vitran Nigam Ltd. (CWP-6940/2007) decided on 29.01.2008. Consequently, the petitions stand disposed of with direction to the petitioners to deposit the amount in terms of demand notice impugned herein within a period of four weeks after the other pre-conditions being fulfilled which the respondent will inform in advance to the petitioners, if any, it is expected from the respondent to release agricultural electricity connection to the petitioners within a period of four weeks thereafter." The learned counsel Mr. Mathur is not in a position to controvert the submissions as made by the learned counsel for the petitioner regarding the order passed in similar nature cases; and applicability of the directions as issued in the above-quoted order dated 27.04.2012 to the case of the petitioner. In the circumstances of the case, it appears just and proper to issue similar directions in regard to the present petitioner also. Consequently, this writ petition stands disposed of in terms of the directions as issued in the aforesaid order dated 27.04.2012; and the petitioner is permitted to deposit the amount in terms of the demand notice within a period of four weeks. After the other pre-conditions, if any, are fulfilled, which the respondents will inform in advance to the petitioner, it shall be expected of the respondents to release the agricultural electricity connection to the petitioner at the earliest. No costs. ;


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