DALIP SINGH Vs. R S E B JAIPUR

JUDGEMENT

(1.) This petition is directed against Rajasthan State Electricity Board and its concerned officers wherein the petitioner has averred that he being the brother of late the Ruler of Jodhpur Maharaja Hanwant Singhji was entitled to the facilities of free supply of electricity and water under the letter of the Government of India No.E-4/P/49 dated March24,1949. The aforesaid facility was cancelled by the Government of Rajasthan by its letter No.F.22(36) GAB67 dt. Sept.8,1967 from April1,1967. According to the petitioner after the cancellation of aforesaid facilities from April1,1967, the petitioner began paying electric charges regularly. The petitioner further averred that the Rajasthan State Electricity Board was constituted in the year 1957 and all the previous dues of Electricity Department of the State Government vested in the Board vide S. 60(1) of the Electricity (Supply) Act, 1948 (Central Act No.54 of 1948) The respondent No.4 (Assistant Engineer C.D. III Jodhpur has served a notice No.AEN Ced.III/REV.76/D, 2144 dt. March 4, 1976, on the petitioner on March5,1976 (Anx.2) whereby the petitioner was called upon to deposit the alleged outstanding dues of electricity consumption up to 1962 amounting to Rs.38,443.38p. and thereafter up to January 1976 Rs.6857.23p. within fifteen days failing which the electricity supply would be disconnected without any further notice and the notice was sent under S.24 of the Indian Electricity Act1910 (Central Act No.IX of 1910). It was also stated in the notice that action will be taken to recover the outstanding dues under the Rajasthan Government Electrical Undertaking (Dues Recovery) Act 1960 (No.XXXIV of 1960) as arrears of land revenue. The said notice and the proposed action was challenged by the petitioner on number of grounds and it was prayed that the respondents be restrained from disconnecting the electric supply and from recovering the alleged dues mentioned in Anx.2 as arrears of land revenue under the Rajasthan Government Electrical Undertaking (Dues Recovery) Act 1960 (No.XXXIV of 1960) (in short the Dues Recovery Act1960) and it was also prayed that notice under S.24(1) of the Electricity Act dt. March 4,1976 be quashed. A prayer was also made seeking declaration that the said Dues Recovery Act 1960 is ultra vires of the Constitution and be declared void.

(2.) Reply to the writ petition has been filed and rejoinder too has been filed by the petitioner. The petitioner's claim has been resisted by the Board. A preliminary objection has also been raised that the petition is not maintainable in view of the provisions contained in Art.363 of the Constitution. In order to avoid duplicity I am not referring to the details of the pleadings of the parties as the pleas and the contentions advanced before me would be dealt with.

(3.) 1 may mention here that after presentation of the writ petition stay order was passed by this Court in relation to certain meters. On March26,1976 this Court ordered that meters Nos.15755, 15758, 18605, 18606, 18607, 18608, 18609, 18824, 186211, 18612, 15757, 15761, and 15756 shall not be disconnected. It was ordered on the basis that it is apparent from the list appended to the notice that there were no dues outstanding in respect of these meters. This order was confirmed after hearing both the parties on Aug.30,1976. On that day it was ordered that there is no stay order with regard to other meters so it is obviously open to the Board to disconnect the others for which no stay order is there.