JUDGMENT :

1. RULE. Learned counsel waives service of notice of rule on behalf of the respondents.

2. with the consent of learned counsel for the respective parties, this petition is taken up for final hearing and disposal.

3. Present petition is filed by the petitioner under Article 226 of the Constitution of India and under the provisions of the Conditions and Miscellaneous Charges for Supply of Electrical Energy, 2001 and under the provisions of the Gujarat Electricity Regulatory Commission (Electricity Supply Code and Related Matters) Regulation, 2005 seeking following reliefs:-

(A) Admit the Special Civil Application.

(B) This Hon’ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the impugned action of respondent company in not refunding the amount of Rs.2,90,884/- deposited by the petitioner, declaring the same in violation of provisions Regulation 41.11 of Gujarat Electricity Regulatory Commission (Electricity Supply Code and Related Matters) Regulation, 2005.

(C) This Hon’ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent company to refund the amount of Rs.2,90,884/- to the petitioner with interest @ 12% p.a. from 31.03.2011 till payment.

(D) Pending hearing, admission and final disposal of this petition, this Hon’ble Court may be pleased to direct the respondent company to refund Rs.2,90,884/- to the petitioner with interest @ 12% p.a. from 31.03.2011 till the payment.

(E) This Hon’ble Court may be pleased to award cost of the petition to the petitioner from the respondent company.

(F) Grant such other and further relief(s) as are deemed fit in the interest of justice.

4. Brief facts of the present case are, in nutshell, as under:-

4.1 That GIDC issued offer cum allotment letter in respect of plot No. 1301 in Dholka Industrial Estate to the petitioner and the petitioner has taken possession of the plot by executing possession receipt and the petitioner had made an application for electric connection to the respondents.

4.2 That the respondent – company had refused to supply electric supply on account of outstanding dues of earlier owner M/s. Gayatri Industries and, therefore, the petitioner had filed writ petition before this Court, which was admitted and directed the respondent – company to grant reconnection on the condition to deposit of Rs.69,884/- and hence, the petitioner deposited an amount of Rs.69,845/- with respondent as per the order of this Court.

4.3 That respondent had filed Letters Patent Appeal against the interim order passed by the learned Single Judge with civil application seeking to make payment of balance amount outstanding. The Division Bench of this Court directed the petitioner to deposit the remaining amount in equal installments and the petitioner had made payment as per the order passed by the Division Bench of this Court in Letters Patent Appeal and, thereafter, the company granted connection to the plot of the petitioner.

4.4 That the petitioner had made an application to respondent company and requested to refund an amount of Rs.2,90,884/- deposited by the petitioner as per the order of this Court and since the respondent had not refunded the amount, the petitioner had sent reminder letter to the respondent.

4.5 That respondent without any justification has not refunded the amount deposited by the petitioner and hence, against the inaction on the part of the respondent company, the petitioner has filed this petition.

5. Heard Ms.Mohini Bhavsar, learned counsel for the petitioner and Ms.Lilu Bhaya, learned counsel for the respondents at length. Perused the material placed on record.

6. Ms.Bhavsar, learned counsel for the petitioner has submitted the same facts which are narrated in the memo of petitioner and has also submitted that the petitioner has purchased the said plot, to wh