[2023:RJ-JD:39904]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9602/2023 M/s Munna Process House, E-205 (A), Industrial Area, Ii Phase, Balotra, Dist. Barmer - 344022 (Raj.), India Through Its Proprietor Kamlesh Kumar Chopra S/o Sh. Dalichand Ji Chopra Aged About 59 Years, R/o Lohno Ka Chowk, Balotra, District Barmer Rajasthan, - 344022.

----Petitioner Versus

1. Rajashtan Electricity Regulation Commission, Through Its Chairman Vidhyut Viniyamak Bhawan, Sahakar Marg, Near State Motor Garage, Jaipur, Rajasthan - 302001.

2. The Jodhpur Vidyut Vitaran Nigam Limited, Through Its Chairman And Managing Director, New Power House, Industrial Area, Jodhpur, Raj - 342005.

3. Assistant Engineer (O And M), Jdvvnl, Branch Office -

Balotra, Opposite Nahata Hospital, Balotra Distrcit Barmer.

----Respondents For Petitioner(s) : Mr. Ayush Goyal For Respondent(s) : Mr. Pankaj Sharma, AAG Ms. Kumkum Shah through VC for Mr. Vinay Kothari HON'BLE MS. JUSTICE REKHA BORANA

Judgment

21/11/2023

1. Learned counsel for the petitioner submits that the controversy rests decided by judgment of the co-ordinate Bench of this Court in a bunch of writ petitions led by S.B. Civil Writ Petition No.11242/2023 (Bhansali Dyeing, Proprietorship/ partner Ravi Mehta vs. State of Rajasthan & Ors.) decided on

09.11.2023.

2. Learned counsel for the respondents does not refute the above submission.

The Court while partly allowing the aforesaid writ petitions, held as under:-

11. Thus, in view of the aforesaid discussion and the observations made hereinabove, the present petitions are partly allowed.

11.1. Accordingly, the impugned order dated 01.09.2022,alongwith the entire proceedings and orders pursuant thereto, only to the extent of levy of interest/carrying costs on the original principal amount of Rs.3,048.64 Crores, so also the interest/carrying costs amount payable towards other heads and categories, are quashed and set aside. Needless to say that the amount to be charged towards special fuel surcharge can be recovered from the consumers only to the extent of original principal amount to the tune of Rs.3,048.64/- Crores.

11.2. This Court observes that the aforesaid order has already covered almost all the issues in the present litigation, however, in some of the instant writ petitions, the order dated 13.06.2019has been challenged and the said order is also hereby quashed and set aside, only to the extent of the interest/carrying costs amount payable on the original principal amount as on the date of passing of the said order; thus, recovery of special fuel surcharge to be made only to the extent of the original principal amount in pursuance of the said impugned order on the same analogy as discussed above for quashing the order dated01.09.2022. During the process of making such recovery, amount, if any, already recovered towards special fuel surcharge from the consumers by the respondents, the same shall be duly adjusted. Except for recovery of the original principal amount, the entire proceedings and orders in pursuance of the said impugned order are also quashed and set aside.

11.3. Thus, the respondent-DISCOMS shall be accordingly free to proceed to recover the respective original principal amounts from the consumers under the head of special fuel surcharge, strictly in accordance with this judgment.

3. In view of the submission made and in view of the fact that the present matter being covered by the judgment of Bhansali Dyeing (supra) is not refuted by learned counsel for the respondents, the present writ petition is also partly allowed in terms of the same directions as issued in the case of Bhansali Dyeing (supra).

4. Stay petition and all pending applications, if any, also stand dismissed.

(REKHA BORANA),J

50-KashishS/-