JUDGMENT S. Harkauli and Rakesh Tiwari, JJ.
1. Heard the learned counsel for the parties.
2. It was claimed by the petitioner that he was not issued the pass-book on the basis of which fixed charges are payable by such power-consumer. It does not appear from the records that the petitioner raised this kind of dispute or entered into any kind of correspondence since 1997 or 1998 when the electric connection was given to the petitioner. This dispute has been raised by the petitioner at a very belated stage after the demand was raised by the respondents. Also after four years, the respondents are not likely to have detailed record as to whether passbook was Issued four years ago or not. In the circumstances, the respondents have stated in the impugned order dated 25.5.2002 that the petitioner has not furnished the proof that he has not received the pass-book. He may obtain duplicate pass-book on payment of Rs. 10 only. This observation cannot be seriously faulted.
3. However, since the power connection was taken by the petitioner for agricultural purpose, and considering the power supply situation as well as the condition of the agriculturists, we permit the petitioner to make deposit the entire amount in four equal quarterly Instalments. The first Instalment will be deposited within one month from today. If the entire amount is paid as above, the collection charges will not be recovered and no recovery shall take place as arrears of land revenue in respect of arrears. The petitioner will continue to pay the current dues after obtaining necessary pass-book.
4. In case of default, this order shall stand automatically vacated.
5. Before parting with this case, we are of the opinion that in order to avoid this kind of dispute in future, when this kind of power connection is granted and at the time of energizing connection, a receipt should be obtained from the consumer by the respondents indicating that the connection has been energized from that date and also that a copy of the pass-book has been received by the consumer.