[2023:RJ-JD:39905]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10775/2023 Devnarayan Micron, Through Partner - Prabhu Lal Gurjar S/o Mangi Lal Gurjar Age About 32 Years, Age About 32 Years, R/o -

Aidana Kn. 130211031251.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Energy, Government Of Rajasthan, It Center, Chambal Power, House Campus, Hawa Sarak Jaipur 302006.

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

3. Ajmer Vidhyut Vitaran Nigam Ltd., Through Its Managing Director, Hathi Bhata, City Power House, Ajmer 305001, Rajasthan.

4. The Additional Engineer (O And M), Ajmer Vidhyut Vitaran Nigam Ltd., Rajsamand.

5. The Assistant Engineer (O And M), Ajmer Vidhyut Vitaran Nigam Ltd. Rajsamand

6. The Additional Chief Engineer (Hq), Ajmer Vidhyut Vitaran Nigam Ltd. Commercial Wing, Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer 305004.

----Respondents For Petitioner(s) : Mr. Arvind Vyas For Respondent(s) : Mr. Pankaj Sharma, AAG Mr. D.S. Sodha 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

54-KashishS/-