Rajasthan High Court - Jodhpur
M/S Jagdamba Stone Crasher vs Jodhpur Vidhyut Vitran Nigam Limited ... on 3 July, 2025
[2025:RJ-JD:28744]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12167/2025
M/s Jagdamba Stone Crasher, Panchoti, Tehsil Ahore, District
Jalore Through Proprietor Jyotsna Kanwar W/o Surendra Singh
Rav, Age 45 Years, Resident Of Ravo Ka Vass, Aavloj, Tehsil And
District Jalore, (Raj.).
----Petitioner
Versus
1. Jodhpur Vidhyut Vitran Nigam Limited, (Jvvnl), Through
Its Managing Director, Jodhpur, (Raj.).
2. The Executive Engineer, Jodhpur Vidhyut Vitran Nigam
Limited (Jvvnl), Jalore, District Jalore, (Raj.).
3. The Assistant Engineer, Jodhpur Vidhyut Vitran Nigam
Limited (Jvvnl), Jalore, District Jalore, (Raj.).
----Respondents
For Petitioner(s) : Mr. Saurabh Maheshwari.
Mr. Hardik Malviya.
For Respondent(s) : ---
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
03/07/2025
1. The present writ petition has been filed challenging the
action of the respondents in charging the escalated price of the
electricity contrary to the order/judgment dated 24.03.2021
passed by the District Consumer Dispute Redressal Forum, Jalore
in Case Nos. 108/2020 & 128/2020 filed by the petitioner under
Section 35 of the Consumer Protection Act.
2. The case of the petitioner is that he has challenged the
action of the respondents in charging the escalated price of the
electricity contrary to the order/judgment dated 24.03.2021, as
referred above, as the claim petition filed by the petitioner was
[2025:RJ-JD:28744] (2 of 3) [CW-12167/2025]
allowed by the District Consumer Dispute Redressal Forum,
Jalore. The respondents have filed an appeal against the decision
of the District Consumer Dispute Redressal Forum, Jalore which
was also dismissed for non-prosecution. Therefore, the order/
judgment passed by the District Consumer Dispute Redressal
Forum, Jalore has attained finality and despite that, the
respondents have continued to raise the bills of the escalated price
of the electricity which is contrary to the decision of the District
Consumer Dispute Redressal Forum, Jalore.
3. The learned counsel appearing for the petitioner submits that
the petitioner is compelled to pay the bills as issued by the
respondents inspite of having a decision in her favour by the
District Consumer Dispute Redressal Forum, Jalore, apprehending
that if she has not paid the bills, as issued by the respondents, the
respondents would have disconnected her electricity connection
and thereby her business would be affected. Therefore, she has
filed the present writ petition for implementation of the decision of
the District Consumer Dispute Redressal Forum, Jalore.
4. It is an admitted position in law that the decision of the
District Consumer Dispute Redressal Forum is an executable order
and there is a procedure provided under the relevant Act for
implementation of the decision. In such circumstances, this Court
is of the view that this Court would not like to sit as an executing
court. It would be appropriate that the petitioner should file the
appropriate application or adopt the procedure as provided under
the law for execution of the decision of the District Consumer
Dispute Redressal Forum.
[2025:RJ-JD:28744] (3 of 3) [CW-12167/2025]
5. In the result, the present writ petition is disposed of with the
following directions:-
The petitioner is given a liberty to file the appropriate
application before the District Consumer Dispute Redressal
Forum, Jalore for execution of its decision dated 24.03.2021
and if any such application is filed by the petitioner, the
District Consumer Dispute Redressal Forum, Jalore is directed
to consider the same and pass appropriate orders, strictly in
accordance with law.
(MUNNURI LAXMAN),J
16-Mohan/-
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