Rajasthan High Court - Jaipur
Banna Khan S/O Alladin Khan vs Ajmer Vidyut Vitran Nigam Limited ... on 11 September, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:36862]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13798/2025
Jahangir Khan S/o Bhanwar Khan, Aged About 42 Years, Kod Ka
Badiya, Rajosi, Bhawani Kheda, Ajmer
----Petitioner
Versus
1. Ajmer Vidyut Vitran Nigam Limited (Avvnl), Through Its
Chairman And Managing Director Vidyut Bhawan,
Panchsheel Nagar, Ajmer - 305004
2. The Assistant Engineer (O And M), Ajmer Vidyut Vitran
Nigam Limited, Nasirabad Dist Ajmer
----Respondents
Connected with S.B. Civil Writ Petition No. 13830/2025 Ashraf Khan S/o Jeevan Khan, Khaprika Dang, Rajosi, Ajmer
----Petitioner Versus
1. Ajmer Vidyut Vitran Nigam Limited (Avvnl), Through Its Chairman And Managing Director Vidyut Bhawan, Panchsheel Nagar, Ajmer - 305004
2. The Assistant Engineer (O And M), Ajmer Vidyut Vitran Nigam Limited, Nasirabad Dist Ajmer
----Respondents S.B. Civil Writ Petition No. 13832/2025 Alladin Khan S/o Rama, Aged About 44 Years, Khapri Ki Dang, Rajosi, Bhawani Kheda, Ajmer.
----Petitioner Versus
1. Ajmer Vidyut Vitran Nigam Limited (Avvnl), Through Its Chairman And Managing Director Vidyut Bhawan, Panchsheel Nagar, Ajmer- 305004.
2. The Assistant Engineer (O And M), Ajmer Vidyut Vitran Nigam Limited, Nasirabad, Dist. Ajmer.
----Respondents S.B. Civil Writ Petition No. 13833/2025 Sarifan W/o Ibrahim, Nada Ka Badia, Rajosi, Nasirabad, Ajmer
----Petitioner Versus
1. Ajmer Vidyut Vitran Nigam Limited (Avvnl), Through Its Chairman And Managing Director Vidyut Bhawan, Panchsheel Nagar, Ajmer - 305004
2. The Assistant Engineer (O And M), Ajmer vidyut Vitran (Uploaded on 16/09/2025 at 10:39:33 AM) (Downloaded on 16/09/2025 at 10:11:28 PM) [2025:RJ-JP:36862] (2 of 4) [CW-13798/2025] Nigam Limited, Nasirabad Dist Ajmer
----Respondents S.B. Civil Writ Petition No. 13834/2025 Nazruddeen S/o Gulab Khan, Aged About 33 Years, Keri Ki Beri, Rajosi, Nasirabad, Ajmer
----Petitioner Versus
1. Ajmer Vidyut Vitran Nigam Limited (Avvnl), Through Its Chairman And Managing Director Vidyut bhawan, Panchsheel Nagar, Ajmer - 305004
2. The Assistant Engineer (O And M), Ajmer vidyut vitran Nigam Limited, Nasirabad Dist Ajmer
----Respondents S.B. Civil Writ Petition No. 13835/2025 Janta Bano W/o Jagmal Khan, Aged About 45 Years, Masjidka Badiya, Rajosi, Nasirabad, Ajmer
----Petitioner Versus
1. Ajmer Vidyut Vitran Nigam Limited (Avvnl), Through Its Chairman And Managing Director Vidyut Bhawan, Panchsheel Nagar, Ajmer - 305004
2. The Assistant Engineer (O And M), Ajmer Vidyut Vitran Nigam Limited, Nasirabad Dist Ajmer.
----Respondents S.B. Civil Writ Petition No. 13836/2025 Azij S/o Mangla, Aged About 45 Years, Badiyad, Dholadanta, Rajosi, Ajmer.
----Petitioner Versus
1. Ajmer Vidyut Vitran Nigam Limited (Avvnl), Through Its Chairman And Managing Director, Vidyut Bhawan, Panchsheel Nagar, Ajmer- 305004.
2. The Assistant Engineer (O And M), Ajmer Vidyut Vitran Nigam Limited, Nasirabad, Dist. Ajmer.
----Respondents S.B. Civil Writ Petition No. 13556/2025 Banna Khan S/o Alladin Khan, Devla Ki Daang, Rajosi, Bhawanikheda, Nasirabad, Ajmer
----Petitioner Versus
1. Ajmer Vidyut Vitran Nigam Limited (Avvnl), Through Its (Uploaded on 16/09/2025 at 10:39:33 AM) (Downloaded on 16/09/2025 at 10:11:28 PM) [2025:RJ-JP:36862] (3 of 4) [CW-13798/2025] Chairman And Managing Director Vidyut Bhawan, Panchsheel Nagar, Ajmer - 305004
2. The Assistant Engineer (O And M), Ajmer Vidyut Vitran Nigam Limited, Nasirabad
----Respondents For Petitioner(s) : Mr. Vinod Pawar For Respondent(s) : Mr. Himanshu Singh Chauhan HON'BLE MR. JUSTICE SAMEER JAIN Judgment 11/09/2025
1. Present batch of writ petitions are filed under Article 226 of the Constitution of India with a prayer for quashing of notice dated 28.07.2025, issued by the respondents.
2. Learned counsel for the petitioners has relied upon the tariff for supply of Electricity-2020-2024, which is formulated by exercising powers under Section 62 and 64 of the Electricity Act, 2003. It is further submitted that as per non-domestic service (Schedule NDS/LT-2) the applicability qua the agricultural/LT-4 and the Character of Service for sanctioned connected load upto 230V is optional and it depends on the consumer for taking LT single phase 230V or three phase 400V.
3. Further, it is submitted that audit objection and the demand raised as per Annexure-2 and 3, is contrary to the said regulations and the tariff for supply of electricity-2020-2024. Furthermore, it is submitted that without following the principles of natural justice, a demand is raised not only qua single consumer but against the whole industry merely on pursuance of logic and audit objection.
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4. Per contra, learned counsel for the respondent- AVVNL has raised preliminary objection qua the maintainability of the present petitions and submitted that present matters pertain to the technical nature which cannot be adjudicated by this Court, specially when there is an alternative efficacious remedy available under the provisions of Section 42(5) of the Electricity Act, 2003 i.e., to approach the Consumer Grievance Redressal Forum (CGRF).
5. In the facts and circumstances, considering that demand is raised upon entire industry including poultry farms and against the said practice, which is objected by way of draft audit para, however the same is not known i.e., whether the respondents have agreed or objected and considering that present issue involves technical matters, therefore, this Court deems it appropriate to dispose of the present petitions while granting a liberty to the petitioners to approach CGRF mechanism under Section 42(5) of the Electricity Act, within a period of 7 working days after passing of this order along with their contentions.
Further, respondent is directed to adjudicate the representation of the petitioners, if filed, within a period of 30 days. It is made clear that till disposal of the representation, no coercive action be taken against the petitioners.
6. Accordingly, present petitions are disposed of. All pending applications also stand disposed of.
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