RAJU RAM Vs. JVVNL, JODHPUR AND OTHERS

JUDGEMENT

(1.) The petitioner has preferred this wit petition against impugned assessment order dated 27th of April 2015 (Annex.6) and Vigilance Committee Report dated 4th of April 2015 (Annex.5) and has prayed for quashing the same.

(2.) The facts, as emerge out from the pleadings, are that petitioner is a consumer of respondents having non-domestic electricity connection at his restaurant on Phalodi-Jodhpur Highway. On 24th of April 2015, the restaurant of the petitioner was inspected and on vigilance survey it was revealed that the petitioner was involved in pilferage of electricity. According to vigilance survey, at the time of checking, tapping of service lane was found at the premises of petitioner. Considering seriousness of the allegations, the electricity connection of the petitioner was disconnected and thereafter on assessment a demand worth Rs.1,50,446/- was raised.

(3.) During the course of arguments, learned counsel for the petitioner has fairly submitted that the matter may be referred to competent authority i.e. Assessing Authority, prescribed under Section 126 of the Electricity Act 2003, who may determine the final amount due against the petitioner after affording reasonable opportunity of being heard.