Mohammad Rafiq, J. - (1.) THIS writ petition has been by the petitioner with the prayer that the respondents be directed to restore electricity connection of the petitioner with immediate effect as also consider petitioner's objections and representation and drop the VCR No. 13770/2005 against the petitioner. Facts of the case are that the petitioner is a proprietorship firm of Smt. Harbhan Kaur who runs a cinema hall at Karauli. It is alleged that on account of political enmity an inspection was made by the team or respondent -Jaipur Vidyut Vitran Nigam Limited. Vigilance case was registered against the petitioner. Copy of VCR, which was prepared, was never served upon the petitioner, which was mandatory requirement under Sec. 126 of the Electricity Act, 2003. Electricity connection of the petitioner was illegally disconnected. It is contended that the respondents are demanding a sum of Rs. 42,000/ - as compounding charges and Rs. 5,45,422.15 as civil liability. It is contended that the petitioner is ready to pay the compounding charges in total, but the respondents may be directed to accept bank guarantee by the petitioner against the amount of civil liability till final decision is taken by the Special Court and the respondents be further directed to restore petitioner's electricity connection so that it can run cinema hall. Learned counsel for the petitioner, in support of his arguments, has cited decisions rendered by this Court in the case of Dashmesh Ice & Oil Factory Vs. Jaipur Vidyut Vitran Nigam Limited & Ors. (S.B. Civil Writ Petition No. 18091/2013 decided on 19.05.2014.
(2.) LEARNED counsel for the respondents opposed writ petition and submitted that in the aforesaid case, this Court directed restoration of electricity connection only on payment of entire dues including civil liability and compounding charges and it is only thereupon, the respondents may be required to restore electricity connection. Learned counsel for the petitioner rejoined and submitted that if the petitioner is required to pay the amount of civil liability in cash, then the respondents may be directed to accept such payment in two equal installments; one immediately and another after three months, because it is not possible for the petitioner to arrange the entire amount at one go.
(3.) HAVING regard to the facts aforesaid, the respondents are directed to restore the electricity connection of the petitioner, if the petitioner deposits the entire amount of compounding charges and 50% amount of the civil liability within one week. The petitioner would be required to deposit second installment of half of civil liability amount within six weeks of the deposit of first installment. If the petitioner fails to do so, the respondents would be at liberty to again disconnect electricity connection of the petitioner. It goes without saying that deposit of the aforesaid amount by the petitioner would be subject to final decision of Special Court.;