JUDGEMENT
GUMAN MAL LODHA, J. -
(1.) THE privileges enjoyed by the erstwhile Rulers of the State of Rajasthan are still having a 'hang over' in the form of, litigation, wherein the head having been lost, the tail is still being tried to be caught, for concerning whatever little is possible.
(2.) THE present one is a series of that litigation in connection with the electricity charges. With the advent of freedom and integration of the States, the Indian Electricity Act 1910, was applied to the states also and the privileges of the rulers come into fire.
The present suit and the appeal relate to the very minor amount of Rs. 13,763/ -which the ruler claimed against the Electricity Company as a refund on the ground that the firm supplied 3000 unit per month in the year 10 -10 -1948 and continued, till as per the judgment of this Court, Ex. 1 dt. 2 -12 -62 in S.B.C. Regular Second Appeal No. 707 of 1958 H.H. Maharaja Bhagwat Singh of Udaipur v. Maharana Bhopal Electricity Supply Co. Ltd. the committee for revision of rates set up under Section 57 of the Indian Electricity act and known as the Rating Committee decided to abolish the privileges of connection and which became effective after two months of the publication of the report.
(3.) THERE is no doubt that the judgment of Hon'ble Justice Singhal makes a reference to this aspect of the matter but Mr. Hasti Mal is justified in submitting that the reference to the Ratting Committee never contemplated the decision of the privileges which become dead by virtue of Section 23 itself and could not get re -birth by any direction of the Rating Committee. The reference to the Rating Committee is as under; To examine the charges of the said company for the supply of electric energy and to recommend thereon to the said Government separately for the period commencing on the 1st February 1951, and ending on the 30th June, 1952, and for the period commencing on the 1st July, 1952 onwards.;
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