Disposed
Rajasthan Kishan Vikash Sangh, v. a v v N Ltd, Ajmer
Rajasthan HCCW/790/2007
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CIVIL WRIT PETITION NO.790/07
Rajasthan Kisan Vikas Sansthan, Pilani
vs.
Ajmer Vidyut Vitran Nigam Ltd., Ajmer & Anr.
S.B. CIVIL WRIT PETITION NO.2846/03
Rajasthan Kisan Vikas Sansthan, Pilani
vs.
Ajmer Vidyut Vitran Nigam Ltd., Ajmer & Anr.
S.B. CIVIL WRIT PETITION NO.1015/02
Rajasthan Kisan Vikas Sansthan, Pilani
vs.
Ajmer Vidyut Vitran Nigam Ltd., Ajmer & Anr.
S.B. CIVIL WRIT PETITION NO.9547/05
Rajasthan Kisan Vikas Sansthan, Pilani
vs.
Ajmer Vidyut Vitran Nigam Ltd., Ajmer & Anr.
S.B. CIVIL WRIT PETITION NO.7535/06
Rajasthan Kisan Vikas Sansthan, Pilani
vs.
Ajmer Vidyut Vitran Nigam Ltd., Ajmer & Anr.
Date of order : 15/2/2008.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
Shri Naveen Dhuwan for the petitioner.
Shri Virendra Lodha for the respondent.
******
These writ petitions have been filed
with the grievance that even though the
respondents are not making supply of the
required electricity to the farmers of
District Jhunjhunu for a period of 7 to 8
hours per day, yet they are in the bills
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issued to them charging minimum charges. It
is argued that as per the own records of the
respondents, it is proved that the
electricity supply has always remained
intermittently discontinued so much so that
on certain days, the supply has varied to 2
to 3 hours. The farmers are in this manner
being exploited at the ends of the
respondent-electricity company.
Shri Naveen Dhuwan, learned counsel for
the petitioner argued that when the farmers
do not make payment of the electricity
bills,theyarethreatenedwith
disconnections and in some of the cases,
disconnections have actually been effected.
Learned counsel in support of his arguments
sought to produce the chart showing the
interruption in the supply of electricity on
various dates, which chart according to him,
has been prepared on the basis of the
records of the respondents. The contention
in substance is that respondent-electricity
company be required to charge from the
farmers only according to actual supply of
the power made.
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The writ petitions are opposed by Shri
Virendra Lodha, learned counsel for the
respondents who submits that initially some
of the farmers applied in nursery category
where the connection is provided somewhat
early as compared to general category, but
nursery category has got higher tariff which
has given rise to the cause of grievance. It
is argued that the respondent company is
supplying the minimum electricity on an
average for 7-8 hours in a day. In support
of his arguments Shri Virendra Lodah also
sought to produce the particulars of meter
reading for preceding six months. It is
submitted that in any case the question
whether supply of electricity was made fpr
7-8 hours or for lesser period is a question
of fact, which cannot be adjudicated upon by
this Court. If the petitioner approaches the
EmpoweredSettlementCommittee,the
Committee on the basis of record on case may
to case determine the controversy.
This Court by interim order had directed
the respondents to charge from the
petitioners, for minimum electricity charges
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in view of clause IV-A and IV-B of the
Tariff for Supplying Electricity, 2004 in
the category of Agriculture Meter Service
andAgricultureFlatRateTariff.
Subsequently, the aforesaid order was
clarified on 21.8.2007 to say that if the
consumers failed to make payment of the
minimum charges in the a Agriculture Meter
Service and Agriculture Flat Rate Tariff to
whichever category they belong, the
respondents shall not be obliged to continue
the supply of electricity. If, however, they
continue to make payment of the minimum
charges, their electricity supply shall not
be discontinued.
Having regard to the facts of the case,
especially when the controversy can be
resolved only on verification of the record
of the respondents whether the electricity
supply was made to the farmers of District
Jhunjhunu especially those who claim to be
members of the petitioner Rajasthan Kisan
Vikas Sansthan for the assured period as
aforesaid this Court would not be in a
position to determine the factual aspects of
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the matter. While, therefore, relegating the
petitioners to the Empowered Settlement
Committee in the alternative dispute
resolutionschemeadoptedbythe
respondents, it is directed that the interim
order passed as aforesaid shall be kept
operative till the aforesaid committee takes
a final view of the matter. In so far as the
arrears of the past period are concerned,
the same would abide by decision of such
committee. For the current period, however,
the respondents shall continue to supply the
electricity to the petitioners and their
members who shall continue to make payment
of the bills as per the aforesaid direction
in Agriculture Meter Service and Agriculture
Flat Rate Tariff, to whichever category they
belong and so long as they continue to make
such payment in either of these categories,
their electricity supply shall not be
discontinued. The Empowered Level Settlement
Committee, however, on verification of the
fact as to the actual supply on case to case
basis shall take a final view of the matter.
Since the petitions have been filed by the
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Sangh which obviously cannot submit
applications in individual cases, its
members namely-the individual farmers would
be entitled to approach the said Committee
raising their grievance on case to case
basis which shall be scrutinized and decided
by the Committee. Such applications /
petitions be made within a period of one
month from the date of receipt of certified
copy of this judgment and the Committee
shall upon hearing the concerned farmers and
scrutiny of the record, pass the final order
within three months thereafter. The
Empowered Settlement Committee in his
discretion shall, if it is proved to its
satisfaction that electricity supply to any
farmer / farmers has actually been for a
lessorperiodthenassured,grant
proportionate reduction in the bills for the
relevant period.
All these writ petitions are disposed of
in the terms indicated above.
(MOHAMMAD RAFIQ), J.
RS/
2 issues framed by the court
Whether the High Court can adjudicate factual aspects regarding the duration of electricity supply to farmers.
The mechanism for resolving grievances regarding minimum charges levied on farmers despite intermittent supply. the Empowered Settlement Committee and the final authority in resolution of such dispute
1 provisions across 1 enactments
Rajasthan Kisan Vikas Sansthan, Pilani
Ajmer Vidyut Vitran Nigam Ltd., Ajmer and others
MOHAMMAD RAFIQ
As recorded by the court registry
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