RAJASTHAN STATE ELECTRICITY BOARD Vs. DALIP SINGH

JUDGEMENT

(1.) THIS appeal as filed by the Rajasthan State Electricity Board, its Superintending Engineer, its Executive Engineer and its Assistant Engineer, the last three being posted at Jodhpur, is directed against a judgment and order dated January 7, 1986 passed by a learned Single Judge in S.B. Civil Writ Petition No. 506/76 whereby the learned Single Judge allowed the writ application of the writ petitioner.

(2.) THE writ petition was filed by the respondent against the Rajasthan State Electricity Board and its concerned officers wherein the writ petitioner prayed that he being the brother of late ruler Maharaja Hanwant Singh was entitled to the facilities of free supply of electricity and water under the coverage of a letter of Government of India bearing No E-4/P/49 dated March 2, 1949. The said facility was cancelled by the Government of Rajasthan by its letter No. F.22(36) GAD (67) dated September 8, 1967 with effect from April 1, 1967 which fact was confirmed by judgment of S.B. Civil Writ Petition No. 259/68 - Maharaja Gaj Singh v. State of Rajasthan decided on March 31, 1972 by this High Court. The writ petition as filed by Maharaja Gaj Singh praying for the said facilities as part and parcel of property right not being accepted, it was made clear in the said judgment that the exemption beyond April 1, 1967 was not acceptable. It was contended by the writ petitioner that the applicant was exempted till March 31, 1967. The writ petitioner begn paying the electricity charges with effect from April 1, 1967 regularly and no current dues were outstanding. The Assistant Engineer City III served a notice No. AEN/CSD.III/Rev/76/D, 2144 dated March 4, 1976 one the writ petitioner which was served on him on March 5, 1976 calling upon him to deposit the alleged outstanding dues of electricity consumption upto 1962 amounting to Rs. 38,443 = 38 and thereafter upto January 1976 a sum of Rs. 6,857 = 23 within 15 days failing which the respondent was threatened for disconnection of electricity supply. This notice was treated by the appellants as a notice under Section 24 of the Indian Electricity Act, 1910. The said notice further provided that action would be taken to recover the outstanding dues under Rajasthan Government Electrical Undertaking (Dues Recovery) Act, 1960 as arrears of land revenue. It was contended further that the Rajasthan State Electricity Board was first constituted in 1957 under a Central Act, namely, Electricity (Supply), Act, 1948.

(3.) THE Rajasthan State Electricity Board raised a preliminary objection as regards maintainability of the wit application contending inter alia that in view of the provisions of Article 363 of the Constitution the writ petitioner is not entitled to any relief. That apart, the writ petitioner had remedy of filing a regular suit to dispute his liability and the extra ordinary jurisdiction of the Court should not have been availed of by him, who was duty bound to pay for the charges of electricity consumed by him. The question as to whether the demand was time barred or not was a disputed question of fact which the court should not decide within the frame work of a constitutional writ.