Jodhpur Vidyut Vitaran Nigam Limited vs Sukhpal Singh And Ors

@

By way of these writ petitions, the petitioner challenges the order dated 26/09/2018 passed by the Permanent Lok Adalat whereby the application moved by the concerned applicants has been allowed and the additional demand raised in the bills has been set aside and a cost has also been imposed on the petitioner.

Learned counsel for the petitioner submits that the respondents were carrying out work of welding by opening of shops and therefore, the electricity which they were consuming, would come under non-domestic category and the tariff as per the NDS category would have to be applied. Accordingly, the tariff has been applied and the additional demand has been raised.

I have considered the submissions of learned counsel and find that the Permanent Lok Adalat has examined the contentions raised by the petitioner and also found that the concerned respondents had submitted application for obtaining electricity connection after taking sanction from the District Industries Center for starting small industry and the documents have been noticed by the Permanent Lok Adalat which also reached to the conclusion that the work which the respondents were performing would come in the ambit of agricultural workshop. It was also noticed that in the NDS category tariff, there is no specific mention of the work which the concerned respondents were doing of welding. On the other hand, the application moved for getting connection specifically mentions the work which the respondents wanted to perform i.e. repair of agricultural items and the application was moved under the SIP category as the sanction was taken for starting a small industry from the concerned District Industries Center. The Permanent Lok Adalat has also found that the demand was raised by the petitioner without giving any opportunity of hearing and the same has been found to be a deficiency in performing public utility.

Learned counsel further submits that the application moved by the respondents only mentions of taking connection under SIP category. He also submits that the respondents were informed to deposit Rs.500/- and approach the Settlement Committee and thus there was a fair opportunity of hearing provided whereafter the demand was added in the bills.

I have considered the submissions and find that the Permanent Lok Adalat is empowered to take decision under Section 22(c) of the Act in matters where the conciliation proceedings failed between the parties. The conciliation proceedings as provided under the said Section would be similar to that as before the Settlement Committee, however, it has been noticed that the Settlement/Conciliation could not be arrived at between the parties and thus, the adjudication has been done by the Permanent Lok Adalat which came to a conclusion that the application was moved for small industry project after taking a certificate for establishing thereto from the District Industries Center. The respondents were carrying on a small industry of welding and agricultural workshop for which electric connection was taken by them. Thus, the said electric connection cannot be treated to be in non-domestic category and has to be treated under the small industries. The Permanent Lok Adalat has thus reached to a correct conclusion and no illegality can be said to have been committed by it. In view of the limited jurisdiction of this Court under Article 227 of the Constitution of India, this Court is of firm view that a decision taken on merits after exercising due judicial discretion would not be liable to be disturbed in writ jurisdiction. Accordingly, the order passed by the Permanent Lok Adalat dt.26/09/2018 is upheld.

Consequently, the present writ petitions being devoid of merit are hereby dismissed.