JUDGMENT

P.R. Ramachandra Menon, CJ. - Vires of the Regulation No. 33(6)(b)(iii) of the CERC (Connectivity and Intra-State Open Access) Regulations, 2011 (Annexure P/4) ( for short ''the Regulations'' ) framed by the 1 st Respondent-Chhattisgarh State Electricity Commission ( for short, ''the Commission'' ) in exercise of the power under Section 181 of the ELECTRICITY ACT , 2003 ( for short ''the Act, 2003'' ) is put to challenge in this writ petition. It is contended that the said Regulation is ultra vires to the Act, 2003; contrary to the Tariff Policy notified by the Central Government under Section 3 of the Act, 2003 and also violative of Part III of the Constitution of India. The Petitioner also seeks to issue an appropriate writ or order directing the 1 st Respondent-Commission to determine the ''voltage-wise'' cost of service of the 2 nd Respondent Distributor Company/Licencee in the area for the purpose of computation of Retail Supply Tariff and Cross Subsidy Surcharge.

2. The pleadings and prayers are sought to be rebutted by filing separate returns by both the Respondents. The Petitioner has filed a rejoinder as well.

3. We have heard Shri Sajan Poovayya, learned Senior