(PER :
HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Uttar Gujarat Vij Company Ltd. (after amendment as per Court s order dated 15.09.2012 in Civil Application No.7552 of 2012) is before this Court being aggrieved by judgment and order dated 16.10.2002 passed by the learned Single Judge of this Court (Coram: Hon ble Mr.Justice A.M.Kapadia, as he then was) in Special Civil Application No.4980 of 2002, whereby the learned Single Judge was pleased to pass the following order:-
3. Having heard the learned advocates appearing for the parties and having perusal of the averments made in the memo of the petition and the grounds set out therein, I am of the opinion that since the petitioner was ignorant about circulars at Annexure E collectively and there is some error in the calculation as well as averred by him, it would be in the fitness of things to direct the petitioner to approach the appellate committee again by filing representation/review application by raising all the points raised in the petition and points available to him with respect to the circulars at Annexure E collectively and the error in calculation as well and if such a representation/review application is filed by the petitioner the appellate committee shall decide the same in accordance with law after giving opportunity of hearing to the petitioner. Hence, the petitioner is directed to approach the appellate committee again by filing representation/review application by raising all the points raised in the petition and all the points available to him with respect to the circulars at Annexure E collectively and the error in calculation as well. If such a representation/review application is filed, the appellate committee shall decide the same in accordance with law after giving opportunity of hearing to the petitioner.
4. With the aforesaid observation and direction, permission to withdraw the petition is granted. The petition stands rejected as it is withdrawn. Notice is discharged. No order as to costs.
2. On perusal of the order, it is noticed that it was contended by the learned Advocate appearing for the petitioner that, Mr. B.B. Oza, learned advocate for the petitioner, states that after decision rendered by the appellate committee of the respondent GEB, the petitioner has already paid the revised bill as per the decision of the appellate committee. According to him, the petitioner was not aware about certain circulars annexed as Annexure E collectively to the petition and, therefore, the petitioner could not raise certain points relying upon the said circulars and in the absence of such points in the appeal, the appellate committee decided the appeal against the petitioner..... . (emphasis supplied) 2.1 Learned Advocate appearing for the erstwhile GEB submitted that, Mr. S.N. Sinha, learned advocate for the GEB has no objection if leave to withdraw the petition is granted. However, he states that there is no power of review with the appellate committee and, therefore, the petitioner may not be directed to approach the appellate committee again and instead of that the petitioner may file civil suit in competent civil court having jurisdiction to decide the issue..... .
(emphasis supplied).
3. Despite the aforesaid submissions, learned Single Judge granted permission to withdraw the petition, directing the petitioner to file representation /review application in a time frame and also gave direction to the Appellate Committee to decide the same in accordance with law after giving opportunity of hearing to the petitioner.
4. The present appeal was filed on 18.11.2002. From the order sheet, it appears that the matter was taken up for admission hearing on 17.01.2003 and was then adjourned to 21.01.2003. On 21.01.2003, the Court was pleased to pass the following order:-
ADMIT.
Service of notice is waived by learned advocate, Mr. BB Oza and upon a joint request the matter is directed to be notified for Final Hearing, in view of the peculiar facts of the case, on 13th February 2003. The office is directed to notify accordingly.
4.1 In Civil Application No.72 of 2003 in Letters Patent Appeal No.6 of 2003, the Court was pleased to issue Rule and grant interim relief in terms of para-5(A) till 13.02.2003. Thereafter, the matter was adjourned from time to time. On 09.09.2003, the Civil Application was heard and ad interim relief granted earlier was ordered to continue till final disposal of the appeal. Thereafter again, the matter was adjourned from time to time.
5. Today the matter is listed for final hearing. Learned Advocate Ms.Lillu K.Bhaya for the appellant invited attention of the Court to a decision of this Court in the matter of Kiran Industries, Mehsana Vs. Gujarat Electricity Board, Baroda & Anr., reported in 1995 (2) GLR 1158 and submitted that in view of Condition No.34 of Conditions of Miscellaneous Charges for Supply of Electrical Energy (framed by Gujarat Electricity Board), review is provided by the Appellate Authority. Learned Advocate for the appellant submitted that the Appellate Committee can always consider a question about bill for electricity consumption, if it is complained about the same being higher. Learned Advocate for the appellant submitted that the decision of the Appellate Committee is final and binding and in the event, the consumer is aggrieved of that, he can always approach the competent Civil Court by way of suit in the matter. Learned Advocate for the appellant submitted that so was the submission made by the counterpart of the learned Advocate appearing before the learned Single Judge at the time of hearing of the petition, which is reproduced hereinabove.
6. In view of that, the present appeal is allowed. The judgment and order dated 16.10.2002 passed by the learned Single Judge in Special Civil Application No.4980 of 2002, allowing to withdraw the petition and directing the Appellate Committee to decide the representation /review application is quashed and set aside. The stay granted earlier is vacated. No costs.
7. At the request of the learned Advocate for the appellant, it is clarified that this is without prejudice to the rights and contentions of the opponent to challenge the decision of the Appellate Committee.
(Ravi R.Tripathi, J.) (R.D.Kothari, J.) *Shitole Page 6 of 6