CW- 4421/06 - M/s Kamla Associates Vs . Jodhpur Vidhyut Vitran Nigam Ltd. & Anr . : Order dt.27.3.08 1/2 S.B. CIVIL WRIT PETITION NO.4421/2006 M/s Kamla Associates Vs. The Jodhpur Vidhyut Vitran Nigam Ltd. & Anr. Date : 27.03.2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Sandeep Bhandawat for the petitioner. Mr. Sumeet Mehta for the respondents. --------- Both the learned counsels agree that the matter is squarely covered by the decision of this Court. The learned counsel for the respondent has relied on a decision of this Court on 15.11.2007 in S.B. Civil Writ Petition No.4461/2006 – M/s P.G. Cement Vs. the Jodhpur Vidhyut Vitran Nigam Ltd. & Anr. whereas learned counsel for the petitioner relies upon the decision dated 7.1.2008 of another coordinate Bench of this Court in which S.B. Civil Writ Petition No.5052/2006 – M/s Shiv Shakti Minerals Vs. the Jodhpur Vidhyut Vitran Nigam Ltd. & Anr. The operative part of the said judgment is as under:- “In view of it the demand made by the respondents is declared bad being settled without providing a reasonable opportunity of hearing. The respondent - Jodhpur Vidhyut Vitran Nigam Limited may settle the CW- 4421/06 - M/s Kamla Associates Vs . Jodhpur Vidhyut Vitran Nigam Ltd. & Anr . : Order dt.27.3.08 2/2 same by providing reasonable opportunity of hearing to the petitioner as per the provisions of Section 126(3) of the Act of 2003.” In view of this since admittedly the demand in question was raised against the petitioner without giving an opportunity of hearing to the petitioner and the learned counsel for the respondent agrees that respondent should provide an opportunity of hearing to the petitioner. This writ petition is disposed of with liberty to the petitioner to file his objection before the respondents within a period of three weeks from today and the competent authority of the respondent - the Jodhpur Vidhyut Vitran Nigam Ltd. shall decide the same after giving an opportunity of hearing to the petitioner within a period of four weeks. Till then the recovery in question shall not be made from the petitioner. [ DR. VINEET KOTHARI ], J. item No.10 babulal/-