DARBI TEXTILES LTD Vs. R S E B

JUDGEMENT

(1.) A question has arisen as to whether this petition should be heard by the Division Bench or it is within the competence and jurisdiction of the Single Judge. After the amendment of the Rule 55, the writ petitions challenging the vires of the provisions of any Act or Rules made thereunder are to be heard by a Division Bench. In this petition the petitioner has challenged the validity of cost variation and fuel adjustment clause of the tariff framed under section 49 of the Electricity (Supply) Act, 1948 by the Rajasthan State Electricity Board. The question is as to whether the tariff framed under section 49 of the aforesaid Act is a rule made under the Electricity (Supply) Act, 1948.

(2.) COUNSEL for the petitioner submits that the tariff has been issued in exercise of the power under section 49 and so it is a subordinate legislation and the word 'rule' occurring in clause (xi) of Rule 55 of the Raj. High Court Rules should be construed in the sense that the whole body of subordinate falls in the expression 'rules' so the tariff issued or framed by the Board in exercise of the power u/sec. 49 of the aforesaid Act may also be considered to be a 'rule'.