HADMANA RAM Vs. JODHPUR VIDYUT VITRAN NIGAM LIMITED

JUDGEMENT

(1.) By way of this writ petition, the petitioner has questioned legality of the report prepared by vigilance checking report and the provisional assessment order passed by the Executive Engineer (Vigilance), Jodhpur Vidyut Vitran Nigam Limited (JVVNL) creating the demand assessing the compounding and civil liability charges quantified at Rs. 2,24,102.00. Further prayer is made in terms that the respondents may be directed to regularise the electricity connection of the petitioner as per circular dated 28.2.13.

(2.) The petitioner, an agriculturist, by way of an application dated 19.3.09, applied for installation of electricity connection in his agriculture field situated at the periphery of village Jakhasar. In response to the demand notice issued, the petitioner deposited a sum of Rs. 75,560/- on 21.5.14. Admittedly, no electricity connection has been released in favour of the petitioner till this date.

(3.) A vigilance checking was made by the vigilance team of JVVNL at the agriculture field of the petitioner, which found that the petitioner has installed his own transformer and laid down 11 K.V. Line and thus indulged in theft of electricity. The vigilance checking report was prepared wherein it was proposed that if the petitioner fails to deposit the compounding and civil liability charges, an FIR may be lodged against him for commission of offence under Section 135 of Electricity Act, 2003 (for short "the Act"). A provisional assessment order dated 28.8.08 was passed by the Executive Engineer (Vigilance), JVVNL, Bikaner creating a demand of compounding charges a sum of Rs. 1,04,000/- and civil liability charges Rs. 1,20,102/-. Accordingly, a demand of Rs. 2,24,102/- has been created against the petitioner.