Delhi High Court
Ashok Dhingra vs Bses Rajdhani Power Ltd. on 8 March, 2010
Author: Sanjiv Khanna
27.
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5889/2008
ASHOK DHINGRA ..... Petitioner
Through Mr. Fanish K. Jain, Advocate.
Versus
BSES RAJDHANI POWER LTD ..... Respondent
Through Mr. Sunil Fernandes & Mr. Rajat Jariwal,
Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 08.03.2010
1. In the present writ petition, notice was issued vide order dated 13th August,
2008. This Court also granted stay subject to the petitioner depositing Rs.50,000/-
with the respondent and continuing to pay current user charges.
2. The respondent-discom till today has not filed counter affidavit. Learned
counsel for the respondent-discom, however, submits that the impugned bill has
been raised in the name of Mr. Ram Kishan, khasra No. 61, village Matiyala,
Uttam Nagar, Delhi and not against the petitioner.
3. Learned counsel for the petitioner, on the other hand, has submitted that he
has a tenant in respect of property located in khasra No. 61, in village Matiyala,
Delhi and the meter bearing K. No. 26610B060014 and CRN No. 2660075546 is
installed in the premises in his occupation. It is further stated that Mr. Ram
Kishan had expired on 20th August, 1996. The submission of the learned counsel
for the petitioner is that the bill is being enforced against him and he shall suffer in
case supply is disconnected.
4. Learned counsel appearing for respondent-discom on instructions states that
the petitioner will be given hearing and thereafter a speaking order will be passed
on the contentions raised by the petitioner including the contention that the said K.
number and CRN number are for the meter installed in the premises in occupation
of the petitioner. The petitioner will be furnished copy of documents and material
relied upon by the respondents. He states that the electricity connection in the
premises of the petitioner will not be disconnected for ten days after a speaking
order is passed.
5. The statement made by the learned counsel for the respondent-discom is
taken on record and accepted. The respondent-discom will be bound by the said
statement.
6. The petitioner will appear before the Assessing Officer of the respondent-
discom on 18th March, 2010 at 2.30 p.m., when relevant documents and other
materials relied upon by the respondent will be furnished to the petitioner. The
petitioner will file reply, if any, within a period of seven days thereafter. The
respondent-discom will pass a speaking order dealing with the contentions raised
by the petitioner. The speaking order will not be enforced for a period of ten days
to enable the petitioner to ventilate his grievance, if any. It is clarified that it is
open to the respondent-discom to take action against the legal heirs of late Mr.
Ram Kishan. The petitioner has deposited Rs.50,000/- with the respondent-
discom. The said deposit will abide by the speaking order passed. In case the
petitioner is held entitled to refund, the said amount will be refunded within seven
days of the passing of the speaking order.
The writ petition is accordingly disposed of. No costs.
Dasti to the counsel for the parties.
SANJIV KHANNA, J.
MARCH 08, 2010
VKR
