HARI TALKIES Vs. STATE OF J & K

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is preferred against the order of the High Court giving certain directions in regard to the power connection of the appellant Theatre and the payment of arrears in a public interest litigation concerning the recovery of electricity dues against the defaulting consumers. It appears that by the date of disposal of PIL No. 115 of 2000, a suit filed by the appellant was pending and the order now passed by the High Court sets at naught the proceedings pending in the other courts and tribunals. As per the impugned order of the High Court, the appellant was required to deposit a sum of Rs. 34,62,025.00 and in default thereof the department was at liberty to disconnect the electricity connection. The said amount was apparently calculated on the basis of original contracted load. It appears that during the pendency of the special leave petition, an Amnesty Scheme was evolved by the State according to which certain concessions were given in regard to clearance of arrears. When the matter came up for hearing before this Court on 17.09.2004, the Court passed the following order:

(3.) The respondents have not come forward with any definite stand as regards these two aspects though opportunity was given to them. As far as the first issue is concerned, it admits of no doubt that payments factually made by the appellant have to be taken into account. The details of such payments are furnished in the chart at p. 75 of the special leave petition paper-book according to which the amount realised from the appellant between 1987 and 2002 would come to Rs. 9,37,807.00. However, in the communication dated 7.04.2004 the amount for which the credit given is shown as Rs. 3 crores. Therefore, it appears prima facie that the credit has to be necessarily given for the remaining amount. Before doing so, it is open to the authority concerned to require the appellant to file proof of payment in regard to the payment of the amounts shown in the chart.