DURGA PRASAD AGARWAL Vs. RAJASTHAN STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner is a mine owner in village Majhoria, District Sawai Madhopur. He was given electric connection for running his mine in the year 1979. THE petitioner states that for the reason that the electricity connection was disconnected by the respondent itself, and therefore, the provisions of minimum charges should not be made applicable to petitioner's mine. THE electric connection of the mine belonging to petitioner was disconnected on 30. 6. 81. It is submitted by the petitioner that respondent itself had disconnected the electric connection and therefore at least from the date of disconnection the petitioner was not liable to pay any electric charges and therefore the bill submitted for payment for the period when factory remained disconnected and notices issued thereafter in the month of August, 1981 (Annexure 5 & 6) were illegal and not payable. THE electric connection remained disconnected at the instance of electricity department itself right upto 23. 4. 82 and therefore any demand made from petitioner for the period 30. 6. 81 to 23. 4. 82 cannot be termed to be legal and justified.

(2.) IT is not disputed by respondent that for the reason that the petitioner had not paid minimum charges prior to June, 1981 therefore, the electric connection was withdrawn from the premises of petitioner and there was no electric connection at all for the period from 30. 6. 81 to 23. 4. 82. A number of correspondence had been exchanged between the parties.

(3.) IT was held by the Supreme Court that the answer depends on the agreement itself. The agreement stated that minimum charges had to be paid irrespective of the fact whether the electricity had been consumed or not. IT was mentioned in the agree-ment if any bill remains unpaid, the Board will discontinue the supply after giving seven days notice. However, it was mentioned under Cl. 8 and 10 of the agreement that the agreement shall be enforceable for the period of not less than two years in the first instance, from the date of commencement of the supply and u/cl. 9 and it was mentio-ned that the consumers shall not be at liberty to determine this agreement before the expiration of two years from the date of commencement of supply of energy.