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Judgment
This writ petition has been filed under Article 226 of the Constitution of India whereby and whereunder the circular dated 09.04.2019 served upon
the petitioner in terms of order dated 30.01.2019 passed by this Court in W.P. (C) No. 3465 of 2018 has been challenged.
Mr. Ajit Kumar, learned senior counsel for the respondents-Jharkhand Bijli Vitran Nigam Limited being assisted by Mr. Navin Kumar referring to
order dated 30.01.2019 passed in W.P. (C) No. 3465 of 2018 submitted that in that case, the learned counsel for the petitioner, on instruction, agreed
by to pay Rs. 25 lakhs against the total amount of Rs. 51,79,470/-, the demand against the arrears as on 7/16, which was subject matter of dispute,
apart from the amount pertaining to the Delayed Payment Surcharge (D.P.S) for the period 7/16 to 4/18 to the tune of Rs. 22,78,967/- and rest of the
amount was agreed to be paid in five installments maximum period of five months and so far as Delayed Payment Surcharge (D.P.S) charges is
concerned, he agreed to pay the said amount also in installments within the aforesaid period. Therefore, this Court has passed order that if the
petitioner would deposit a sum of Rs. 25 lakhs, the authorities shall restore the electricity connection within 48 hours from the date of its receipt.
The petitioner was further directed to pay current dues along with the charges as per the agreement when it fall due.
So far as amount determined on the basis of audit to the tune of Rs. 17,86,527/- is concerned, this Court has given liberty to the petitioner to
approach before the competent authority for its determination that will be adjudicated upon by the authority after providing an opportunity of being
heard. He, therefore, has submitted that the petitioner has only paid against the agreed amount a total of Rs. 34 lakhs (out of Rs. 51,79,470/-).
Petitioner has further not paid current dues along with charges as per the agreement, which includes bills for the months of May and June, 2019
and, therefore, his submission is that writ petition may not be entertained merely on the ground that since he has invoked the jurisdiction of Court of
equity but he has failed to show his bona fide by not following the direction passed by this Court under Article 226 of the Constitution of India.
Further submission has been made that even otherwise also, this writ petition is not maintainable on the ground of availability of alternate remedy as
provided under Section 42(5) of the Electricity Act, 2003.
Secondly, the petitioner is raising dispute over the charges like that KVA charges etc. and the same needs adjudication and, therefore, the same is
to be decided by the Forum.
Learned senior counsel further submitted that now the arrears principle is Rs. 21,79,470/- which ought to have been paid by the petitioner in
pursuance to order passed by this Court in W.P. (C) No. 3465 of 2018.
Upon this, learned counsel for the petitioner submitted that the petitioner will pay the entire amount that is a sum of Rs. 21,79,470/- plus the bills for
the month of May and June, 2019.
He has further submitted that so far as quantum of arrears of principle that is Rs. 21,79,470/- is concerned after the calculation having been made
the petitioner paid a sum of Rs. Four lakhs, therefore, such amount needs to be adjusted against arrears principle against Rs. 21,79,470.
On instruction, Mr. Pasari, learned counsel for the petitioner has submitted that petitioner will pay the entire due within a week from today subject
to adjustment of the amount, he has already paid.
After hearing learned counsel for the parties and looking to the nature of dispute involved in this case as also the fact that although this Court had
entertained the writ petition being W.P. (C) No. 3465 of 2018 by passing order of restoration of electricity connection but upon fulfillment of certain
condition but the petitioner has failed to comply with the same and, therefore, this Court is of the view that since the petitioner is invoking power
conferred under Article 226 of the Constitution of India which is a Court of equity and if the petitioner has failed to show his bona fide it will not
proper for the Court of equity to entertain such litigants.
Further, there is availability of alternate remedy that is Consumer Redressal Forum and the petitioner can file application under Section 42 (5) of
the Electricity Act, 2003 to resolve the dispute.
Hence, this Court refrains from exercising its jurisdiction conferred under Article 226 of the Constitution of India.
In view thereof, the writ petition is dismissed.
As has been agreed by learned counsel for the petitioner that the petitioner will make entire payment within a week from today, as referred herein
above, if so advised, the petitioner may file application along with interim application before the Forum. If such application is filed, the Forum will
adjudicate the dispute by providing an opportunity of hearing to the parties and shall pass order on the interim application first, if necessary, in
accordance with law.
The application will be entertained by the Forum subject to compliance of the Court's order as directed above.
Consequently, I.A. No. 5659 of 2019 also stands disposed of.