CW 3700/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.3700/2008 Rusman Versus JVVNL & Anr. Date of Order ::: 25/02/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Manish Gupta, for petitioner Mr. Virendra Lodha, for respondents At joint request, matter has been finally heard and is being disposed of at admission stage. Instant petition has been filed by petitioner assailing order of demand (Ann.1) raised by respondent JVVNL for a sum of Rs.1,59,563/-. As alleged petitioner is an agriculturist and obtained agriculture electricity connection from respondents bearing consumer account NO.2207070 (Agr.) but due to some alleged theft pointed out by inspecting team of respondent JVVNL on 09/02/08, VCR No.5296/46 was registered and for alleged theft committed, and a report (Ann.R.1/4) was prepared raising demand of Rs. 1,59,562.74p. - a copy whereof was made available to petitioner. Since petitioner failed to make payment of demand raised by respondents (Ann.R.1/4), his agriculture electricity supply was disconnected and has not been restored so far. It has also CW 3700/08 //2// been informed to this Court that civil & criminal cases are pending about alleged theft but Counsel for petitioner submits that since electricity supply has been discontinued, it would be difficult for him to continue with agricultural works at his field in absence of electricity supply. Counsel submits that under protest subject to his right to be decided by competent court, he is ready to deposit part payment of demand raised and balance in equal monthly instalments. On the other hand, Counsel for respondents submits that it is a matter of theft unless full amount is deposited as per demand raised, electricity supply in ordinary course is not required to restored. Without going into merits any further, since disputes, civil & criminal cases, are pending, it would not be proper to observe on merits, as it may cause prejudice the rights of the parties pendente lis, however, this Court considers it proper to direct that if petitioner deposits Rs.59,562.74p., out of total demand raised vide order dt.12/02/08 (Ann.R/1/4) within one month, electricity supply in favour of petitioner be restored immediately within 24 hrs of deposit of RS.59,562.74p., and balance be deposited in ten equal monthly instalments CW 3700/08 //3// payable on or before 7th of next month, subject to further stipulation that if petitioner commits two consecutive defaults in respect of payment of balance in EMI and regular electricity charges, respondents will be free to take appropriate action including disconnection. To the above extent, writ petition stands disposed of. No order as to costs. (Ajay Rastogi), J. K.Khatri/p3/3700CW08Fb25.doc