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SCA/503720/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5037 of 2008
============================================
RABARI
RAMESHBHAI KALABHAI & 2 - Petitioner(s)
Versus
DEPUTY
ENGINEER & 1 - Respondent(s)
============================================
Appearance
:
MR JV JAPEE
for Petitioner(s) : 1 - 3.
MR PREMAL R JOSHI for
Respondent(s) : 1,
DS AFF.NOT FILED (N) for Respondent(s) :
2,
============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 08/09/2008
ORAL
ORDER
1. This
petition under Article 226 of the Constitution of India read with the
Electricity Act, 2003 ,is filed by the petitioners with a prayer to
issue the writ of mandamus or any other appropriate writ in the
nature of mandamus, and/or order or direction and to direct the
respondents to forthwith restore both electric connections of the
petitioners for agricultural purpose and domestic purpose, since
according to the petitioners both the electric connections came to be
disconnected by the respondent-Electricity Company, illegally.
2. Pursuant
to the issuance of notice as per the oral order dated 28.3.2008
(Coram: Hon’ble Mr. Justice C.K.Buch), the respondent-Dy. Engineer of
Uttar Gujarat Vij Company Limited has filed affidavit-in-reply,
denying certain allegations and submitted that so far as Electricity
Company is concerned, a complaint has been lodged under Section 135
of the Electricity Act, 2003 with G.E.B. Police Station, Sabarmati at
Ahmedabad. It is further submitted that so far as supply of
electricity qua for agricultural purpose is concerned, it was not
disconnected and the supply is restored. At the same time, the
petitioners herein have paid supplementary bill issued by the
Electricity Company and, therefore, the only question which remains
to be decided by the Competent Court under the Electricity Act, 2003
for the case registered under Section 135 of the Electricity Act and
to be tried before the Special Court constituted under Section 153 of
the Act.
3. Considering
the above facts and circumstances of the case, the petitioners had
already paid supplementary bill issued to the petitioners and except
the complaint which is filed under Section 135 of the Electricity
Act, 2003, no other issue remains to be decided and the jurisdiction
to try such case is with special court, constituted under the Act.
4. The
petition is disposed of with a rider that the petitioners to continue
to pay electricity dues subject to the right of the petitioners and
respondent-Electricity Company to take up the remedy under the Act
viz. to challenge the supplementary bill and to initiate proceedings
pursuant to complaint.
5. Notice
discharged with no order as to costs.
[ANANT
S. DAVE, J.]
//smita//
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