SMT. SHANTI DEVI VYAS VS. JODHPUR VIDHYUT VITRAN NIGAM , JODHPUR & ANR. (S.B.CIVIL WRIT PETITION NO. 5540/03) 1 SMT. SHANTI DEVI VYAS VS. JODHPUR VIDHYUT VITRAN NIGAM LTD,JODHPUR & ANR. (S.B.CIVIL WRIT PETITION NO. 5540/03) Dated:- 20.4.2009. HON'BLE MR.JUSTICE SANGEET LODHA Mr. J.L.Purohit, for the petitioner. Mr. R.K.Singhal, for the respondents. 1. In this writ petition, the petitioner has assailed the validity of the demand notice of electricity charges issued by the Assistant Engineer (B-II), Jodhpur Vidhyut Vitran Nigam Limited ,Jodhpur . 2. The petitioner an agriculturist was released electric connection no. 2303-0209-10 HP for agriculture purpose. The demands for electricity charges raised by the respondents for the billing month of March,2001 till August,2003 were duly discharged by the petitioner . The petitioner has been served with the notice dated 23.8.03 (Annexure 3) whereby while quantifying the difference of the electricity charges payable by the petitioner at Rs.70,197.89, she has been requested to avail the opportunity of hearing and make her submissions against the proposed demand. In response to the said notice, the petitioner has filed reply before the respondent no.2 which has been placed on record as Annexure 4. 3. It is submitted by the learned counsel that the difference of SMT. SHANTI DEVI VYAS VS. JODHPUR VIDHYUT VITRAN NIGAM , JODHPUR & ANR. (S.B.CIVIL WRIT PETITION NO. 5540/03) 2 the electricity charges has been computed by the respondents unilaterally without giving an opportunity of hearing to the petitioner. It is submitted by the learned counsel that the respondents have no authority to change the category of the petitioner and levy the charges at higher rate. That apart, it is submitted by the learned counsel that as per the provisions of Section 56(2) of the Electricity Act, 2003 , no sum due from any consumer shall be recoverable after a period of two years when the such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supply. It is submitted by the learned counsel that the amount claimed by the respondent no. 2 for billing month of April,2001 to August, 2001 is ex facie barred by time. 4. On the other hand, the learned counsel appearing on behalf of the respondents fairly submitted that the difference of the electricity charges payable by the petitioner shall be determined afresh after giving her an opportunity of hearing. It is submitted by the learned counsel that the petitioner may make her all submissions before the respondents and the same shall be considered by the competent authority objectively . 5. The learned counsel for the petitioner submitted that the petitioner has no objection if the matter is remanded to the respondent authority for determination of the amount , if any SMT. SHANTI DEVI VYAS VS. JODHPUR VIDHYUT VITRAN NIGAM , JODHPUR & ANR. (S.B.CIVIL WRIT PETITION NO. 5540/03) 3 payable, after giving an opportunity of hearing to the petitioner. 6. Accordingly, in view of the submissions made by the learned counsel for the parties as aforesaid, the writ petition is disposed of with the directions to the respondents to redetermine the liability of the petitioner for difference of electricity charges for the period in question , if any, by passing a speaking order, after giving an opportunity of hearing to the petitioner. If the grievance of the petitioner remains after the determination afresh by the competent authority , she will be at liberty to assail the validity thereof by taking recourse to an appropriate remedy in accordance with law. No order as to costs. (SANGEET LODHA),J. Aditya/-