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Rajasthan High Court - Jodhpur

Khuma Ram vs Avvnl Ajmer & Ors on 19 October, 2016

Author: Sandeep Mehta

Bench: Sandeep Mehta

                               1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       AT JODHPUR
------------------------------------------------------------

           CIVIL WRIT (CW) No.10847 of 2016

Petitioner:-
Khuma Ram Son of Moda Ram, by caste Kumahar,
aged about 48 years, resident of Mangaliyawas, Tehsil
Merta, District Nagaur.

                            VS
Respondents:
1] Ajmer Vidhyut Vitaran Nigam Limited,                      Ajmer,
through its President
2] Superintending Engineer of Ajmer Vidhyut                  Vitaran
Nigam Limited, Nagaur.
3] Executive Engineer,Ajmer Vidhyut Vitaran                  Nigam
Limited, Merta, District Nagaur.
4] Assitant Engineer [Rural] Ajmer Vidhyut                   Vitaran
Nigam Limited, Merta, District Nagaur.

       Date of Order : 19.10.2016

           HON'BLE MR. SANDEEP MEHTA,J.

Mr.O.P. Joshi, for the petitioner


                           ORDER

Learned counsel for the petitioner candidly concedes that reasoning given by the learned trial court while rejecting the petitioner's application for injunction that appropriate remedy for the petitioner is to approach the Settlement Commission under Section 127 of the Electricity Act is perfectly justified and unassailable. He craves liberty that the petitioner may be allowed to approach the Settlement Commission under Section 127 of the Electricity Act against the demand with an application for condonation of delay and the Settlement Commission in turn be directed to 2 consider and decide the application as per the law. The prayer made is justified.

Accordingly, the writ petition and stay application are disposed of while giving liberty to the petitioner to move the Settlement Commission under Section 127 of the Electricity Act against the impugned demand notice along with application for condonation of delay. Upon such application being filed within a period of one month from today, the same shall be considered and decided as per law.

( SANDEEP MEHTA ), J.

/mamta/