The Jodhpur Vidhyut Vitran Nigam ... vs M/S. P.R. Kakkar Industries
2021 Latest Caselaw 9930 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7567/2021

1. The Jodhpur Vidhyut Vitran Nigam Ltd., Through Assistant Engineer (O And M), Jdvvnl Nokha District Bikaner.

2. The Jodhpur Vidhyut Vitran Nigam Limited, Through Executive Engineer (Vigilance), Jdvvnl Bikaner.

3. The Jodhpur Vidhyut Vitran Nigam Limited, Through Superintending Engineer (Se) Rural Circle Roshani Ghar Choraha, Jdvvnl Bikaner.

----Petitioners Versus M/s. P.r. Kakkar Industries, Through Proprietor Purbaram S/o Chetanram, B/c Jat, R/o Village Sarunda, Tehsil Nokha, District Bikaner.

                                                                 ----Respondent


For Petitioner(s)         :     Mr. NR Budania (through VC)
For Respondent(s)         :



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

01/07/2021

Learned counsel for the petitioners has submitted that the

respondent was found indulged in theft of electricity and on the

basis of inspection report, civil liability of rupees fifty two lacs was

imposed upon the respondents. It is submitted that against the

said demand, the respondent has approached the Permanent Lok

Adalat under Section 22 B of the Legal Services Authorities with

the prayer for restraining the petitioners from recovery of amount

of civil liablity. It is submitted that the petitioner-department has

filed objetion before the Permanent Lok Adalat while contending

that the Permanent Lok Adalat has no jurisdiction to entertain the

(2 of 2) [CW-7567/2021]

matters related to theft of electricty and only remedy to the

respondent is to approach the special court constituted under

Section 53 of the Electricty Act, 2003. It is submitted that the

Permanent Lok Adalat while ignoring the above objection of the

petitioners has passed interim order and directed the petitioners

to connect the electricity connection of the respondent on

depositing of one lac rupees.

Learned counsel for the petitioners has placed relaince on

the decision of Pujab and Haryana High Court dated

09.02.2016 passed in CWP No. 23193/2013 (Dakshin

Haryana Bijli Vitran Nigam Ltd. and Anr Vs. Permanent Lok

Adalat, Public Utility Services, Gurgaon & Anr) and argued

that the Punjab and Haryana High Court has already held that the

Permanent Lok Adalat has no jurisdiction to entertain the dispute

in relation to theft of electricity.

Issue notice. Issue notice of stay petition as well.

In the meantime, effect and operation of order dated

01.04.2021 (Annex.-9) passed by the Permanent Lok Adalat,

Bikaner in case No. 76/2021 (M/S P.R. Kakkar industries Vs.

Assistant Engineer & Ors) shall remain stayed.

(VIJAY BISHNOI),J

Surabhii/47-

Powered by TCPDF (www.tcpdf.org)