1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.790/07 Rajasthan Kisan Vikas Sansthan, Pilani vs. Ajmer Vidyut Vitran Nigam Ltd., Ajmer & Anr. S.B. CIVIL WRIT PETITION NO.2846/03 Rajasthan Kisan Vikas Sansthan, Pilani vs. Ajmer Vidyut Vitran Nigam Ltd., Ajmer & Anr. S.B. CIVIL WRIT PETITION NO.1015/02 Rajasthan Kisan Vikas Sansthan, Pilani vs. Ajmer Vidyut Vitran Nigam Ltd., Ajmer & Anr. S.B. CIVIL WRIT PETITION NO.9547/05 Rajasthan Kisan Vikas Sansthan, Pilani vs. Ajmer Vidyut Vitran Nigam Ltd., Ajmer & Anr. S.B. CIVIL WRIT PETITION NO.7535/06 Rajasthan Kisan Vikas Sansthan, Pilani vs. Ajmer Vidyut Vitran Nigam Ltd., Ajmer & Anr. Date of order : 15/2/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Naveen Dhuwan for the petitioner. Shri Virendra Lodha for the respondent. ****** These writ petitions have been filed with the grievance that even though the respondents are not making supply of the required electricity to the farmers of District Jhunjhunu for a period of 7 to 8 hours per day, yet they are in the bills 2 issued to them charging minimum charges. It is argued that as per the own records of the respondents, it is proved that the electricity supply has always remained intermittently discontinued so much so that on certain days, the supply has varied to 2 to 3 hours. The farmers are in this manner being exploited at the ends of the respondent-electricity company. Shri Naveen Dhuwan, learned counsel for the petitioner argued that when the farmers do not make payment of the electricity bills, they are threatened with disconnections and in some of the cases, disconnections have actually been effected. Learned counsel in support of his arguments sought to produce the chart showing the interruption in the supply of electricity on various dates, which chart according to him, has been prepared on the basis of the records of the respondents. The contention in substance is that respondent-electricity company be required to charge from the farmers only according to actual supply of the power made. 3 The writ petitions are opposed by Shri Virendra Lodha, learned counsel for the respondents who submits that initially some of the farmers applied in nursery category where the connection is provided somewhat early as compared to general category, but nursery category has got higher tariff which has given rise to the cause of grievance. It is argued that the respondent company is supplying the minimum electricity on an average for 7-8 hours in a day. In support of his arguments Shri Virendra Lodah also sought to produce the particulars of meter reading for preceding six months. It is submitted that in any case the question whether supply of electricity was made fpr 7-8 hours or for lesser period is a question of fact, which cannot be adjudicated upon by this Court. If the petitioner approaches the Empowered Settlement Committee, the Committee on the basis of record on case may to case determine the controversy. This Court by interim order had directed the respondents to charge from the petitioners, for minimum electricity charges 4 in view of clause IV-A and IV-B of the Tariff for Supplying Electricity, 2004 in the category of Agriculture Meter Service and Agriculture Flat Rate Tariff. Subsequently, the aforesaid order was clarified on 21.8.2007 to say that if the consumers failed to make payment of the minimum charges in the a Agriculture Meter Service and Agriculture Flat Rate Tariff to whichever category they belong, the respondents shall not be obliged to continue the supply of electricity. If, however, they continue to make payment of the minimum charges, their electricity supply shall not be discontinued. Having regard to the facts of the case, especially when the controversy can be resolved only on verification of the record of the respondents whether the electricity supply was made to the farmers of District Jhunjhunu especially those who claim to be members of the petitioner Rajasthan Kisan Vikas Sansthan for the assured period as aforesaid this Court would not be in a position to determine the factual aspects of 5 the matter. While, therefore, relegating the petitioners to the Empowered Settlement Committee in the alternative dispute resolution scheme adopted by the respondents, it is directed that the interim order passed as aforesaid shall be kept operative till the aforesaid committee takes a final view of the matter. In so far as the arrears of the past period are concerned, the same would abide by decision of such committee. For the current period, however, the respondents shall continue to supply the electricity to the petitioners and their members who shall continue to make payment of the bills as per the aforesaid direction in Agriculture Meter Service and Agriculture Flat Rate Tariff, to whichever category they belong and so long as they continue to make such payment in either of these categories, their electricity supply shall not be discontinued. The Empowered Level Settlement Committee, however, on verification of the fact as to the actual supply on case to case basis shall take a final view of the matter. Since the petitions have been filed by the 6 Sangh which obviously cannot submit applications in individual cases, its members namely-the individual farmers would be entitled to approach the said Committee raising their grievance on case to case basis which shall be scrutinized and decided by the Committee. Such applications / petitions be made within a period of one month from the date of receipt of certified copy of this judgment and the Committee shall upon hearing the concerned farmers and scrutiny of the record, pass the final order within three months thereafter. The Empowered Settlement Committee in his discretion shall, if it is proved to its satisfaction that electricity supply to any farmer / farmers has actually been for a lessor period then assured, grant proportionate reduction in the bills for the relevant period. All these writ petitions are disposed of in the terms indicated above. (MOHAMMAD RAFIQ), J. RS/