Jivrajbhai Pachanbhai Patel vs State Of Gujarat

1. This petition is filed under Article 226 of the Constitution of India in which the petitioner has prayed that the supplementary bill dated 17.1.2019 issued by the respondent no.2 be quashed and set aside and direction be issued to the respondent nos.2 and 3 to restore the electric supply to the premises of the petitioner.

2. Heard learned advocate Mr.Nishit Gandhi for the petitioners and learned advocate Ms.Lilu Bhaya for respondent nos.2 and 3.

3. At the outset, learned advocate Ms.Bhaya stated that the petitioner is having alternative Page 1 of 3 C/SCA/1637/2019 ORDER remedy under Section 154 of the Electricity Act, 2003 before the special Court and therefore the petitioner can raise his grievances before the special Court.

4. Learned advocate for the petitioner submits that he is ready and willing to approach before the special Court. However, in the meantime, out of the total amount of supplementary bill, the petitioner is ready and willing to deposit an amount of Rs.6,00,000/- within a period of one week and on such deposit, the respondent authority be directed to restore the electric supply to the petitioner. He has also shown willingness to deposit the balance amount in equal monthly installments of Rs.1 lac each starting from 1.4.2019, which shall be deposited between 1st and 5th of every month.

5. In the peculiar facts and circumstances of the present case and without treating this order as precedent, the respondent authorities are directed to restore the electric connection to the petitioner on his depositing Rs.6,00,000/-. The petitioner is directed to pay the balance amount as stated hereinabove, without prejudice to his rights and contentions and subject to the order which may be passed by the special Court. It is clarified that in case of Page 2 of 3 C/SCA/1637/2019 ORDER any default, it is open for the respondent- company to disconnect the power supply of the petitioner.

6. With the above observation and direction, this petition is disposed off. Direct service is permitted.

(VIPUL M. PANCHOLI, J) SRILATHA Page 3 of 3