- (1.) By this writ petition, a challenge is made to the order dated 14.10.2011 and the award dated 08.06.2012. It is a case where respondents issued policy order regarding release of electricity connections and the tariff thereupon at Annexure-5 and 6, dated 17.02.2009 and 22.05.2009 respectively. The petitioner applied for release of single point H.T. connection under the aforesaid orders which was then released. The respondents thereafter issued order at Annexure-9 dated 14.10.2011 directing the petitioner to deposit the difference of amount of the electricity charges. The petitioner approached for settlement followed by a case before the Ombudsman. The Ombudsman instead of deciding the issue in reference to the order dated 14.10.2011, made reference to the orders dated 17.02.2009 and 22.05.2009 holding them to be illegal as were not issued with the approval of the Rajasthan Electricity Regulatory Commission (for short, 'the Commission'). In view of the above, the Ombudsman travelled beyond its jurisdiction in passing the impugned order and without touching the demand order, which was challenged.
(2.) It is stated that when the petitioner made an application pursuant to the policy decision taken by the respondents on 17.02.2009 and 22.05.2009, they having extended the benefit, the issuance of the demand vide order dated 14.10.2011 was wholly illegal. The respondents cannot take decision adverse to the petitioner, more so when the benefit was extended as per the policy decision taken by them itself. Accordingly, the impugned order dated 14.10.2011, so as the award passed by the Ombudsman on 08.06.2012 deserve to be set aside.
(3.) I have considered the submissions made by the Counsel for the petitioner and perused the record.;