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2019 Supreme(Bom) 184
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.C. DHARMADHIKARI, M.S. KARNIK, JJ.
Vile Parle Kelvani Mandal, Mumbai - Appellant
Versus
State of Maharashtra - Respondent
Writ Petition No. 2961 of 2018
Decided On : 28-02-2019
Milind Sathe, Adv., Bhushan Deshmukh, Adv., Kavita Srivastav, Adv., Gaurav Srivastav, Adv., Manorama Mohanty, Adv., S.K. Srivastav & Co, Adv., A.A. Kumbhakoni, Adv., Ashutosh Kulkarni, Adv., H.B. Takke, Adv., Rushi Mathur, Adv., H.N. Vakil, Adv., Mulla & Mulla & Craigie Blunt & Caroe, Adv.
Headnote:
Public Trust Act, 1950 - Societies Registration Act, 1860 - Issue writ of Certiorari - Pleased to quash - Educational institutions - Respondent nos.2 3 and 4 are public limited companies having their offices at addresses mentioned in cause title- These respondent nos.2 to 4 are licensees who have been granted licenses under section 14 of Electricity Act 2003 - Fourth respondent has acquired third respondents business of generation transmission and retail electricity distribution in – Held, Intention of legislature is clear from explanation to sub-section (1B) of Section 23 which provides that for purposes of subsection property in respect of which contravention has taken place shall include deposits in a bank where such property is converted into such deposits - If for this sub-section any property in respect of which a contravention has taken place includes deposits into which property may be converted and can be reached even where deposits are in a bank it is not reasonable to think that sale proceeds in Indian currency of any foreign exchange would be outside scope of Section 23(1B) and therefore not liable to be confiscated- In court opinion High Court was wrong in quashing order of confiscation which court consider valid and lawful - Writ petition succeeds
S.C. DHARMADHIKARI, J.
1. Rule. Respondents waive service. By consent, Rule is made returnable forthwith.
2. The petitioners before us have filed this writ petition seeking the following three reliefs:-
"(a) That this Hon'ble Court be pleased to issue writ of Certiorari or any other writ, order or direction under Article 226 of the Constitution of India calling for the records, papers and proceedings of the present case and after going into the legality and proprietary thereof, be pleased to quash and/or set aside the impugned letter dated 04/06/2018 and the legal opinion annexed thereto at Exhibit 'B' hereto;
(b) That this Hon'ble court may be pleased to issue writ of Mandamus or any other writ, order or direction under Article 226 of the constitution of India directing the Respondents to quash, cancel and/or withdraw the Impugned Bills thereby levying electricity duty on the Petitioners and their Educational Institutions at Exhibits E-1 to E-7, G-1 to G-21, J-1 to J-40, K-1 to K-20 hereto;
(c) That this Hon'ble Court may be pleased to issue writ of Prohibition or any other writ, order or direction under Article 226 of the constitution of India prohibiting the Respondents from levying or issuing any bills levying electricity duty on the Petitioners and their Educational Institutions."
3. The petitioners state that they are about 10 educational institutions run and managed by petitioner no. 1. That is a society registered under the Societies Registration Act, 1860 and is also a public charitable trust registered under the Maharashtra Public Trust Act, 1950.
4. The first respondent is the State, whereas, respondent nos.2, 3 and 4 are public limited companies having their offices at the addresses mentioned in the cause title. These respondent nos. 2 to 4 are licencees who have been granted licences under section 14 of the Electricity Act, 2003. The fourth respondent has acquired the third respondent's business of generation, transmission and retail electricity distribution in Mumbai. The further facts relevant for the purposes of deciding the issue in this petition are set out herein-below;
5. The Petitioners says that the Petitioners have taken the following electric connections for power supply to their Educational Institutions from Respondent No.2 i.e. Tata Power Company Ltd.
Sr. No.
Name of the Institution
Consumer No.
Meter No.
1
Shri Vile Parle Kelwani Mandal (Petitioner No.1)
900000168229
RI-7668801
2
Shri Vile Parle Kelvani Mandal (Petitioner No.1)
900000168197
RI-7277310
3
Shri Vile Parle Kelvani Mandal (Petitioner No.1)
900000168212
RI-7709650
4
SVKM Narsee Monjee Institute of Management Studies
900000064314
LHD-00156
5
Narsee Monjee College of Arts, Commerce & Economics. (Petitioner No.3)
RI-7587610
900000104554
6
Smt. GPP High School (Petitioner No.4)
900000108980
RI-L980361
7
Shri M.V. Nanavati P. Shala (Petitioner No.5)
900000204888
RI-L977204
6. The Petitioners have taken the following electric connections for power supply to their Educational Institutions from Respondent No.3 i.e. Reliance Infrastructure Ltd.:-
Sr. No.
Name of the Institution
Account No.
Meter No.
1
Mithibai College of Arts, Chauhan Institute of Science, Amrutben Jivanlal College of Commerce & Economics (Petitioner No.6)
150780599
H953025
2
Chhaturbhuj Narsee Memorial School (Petitioner No.7)
102691847
150779518
150779536
151311656
151314064
L972887
L978829
L980166
L978116
L980525
3
C.B. Patel Research Centre (Petitioner No.8)
102691598
L976480
4
D.J. Sanghvi College of Engineering (Petitioner No.9)
151221590
151447613
102691590
L979767
L979196
L965701
L968948 &
L972571
5
M.R. Patel School of Technology, Mana
