(Per: HONOURABLE THE CHIEF JUSTICE MR.BHASKAR BHATTACHARYA)

1. By this Special Civil Application, the writ-petitioner has prayed for appropriate writ, order or direction, declaring Clause No. 4.1.11 of Gujarat Electricity Regulatory Commission [Electricity Supply Code and Related Matters] [Third Amendment] Regulations, 2010 [“the Regulations”], published vide the Notification No. 6/10 dated August 20, 2010, to be inconsistent and ultra vires the provisions of Electricity Act, 2003 [“the Act”] and to quash and set aside the said Clause. The petitioner has also prayed for a declaration that the action of the respondent authorities in directing the petitioner to pay up the dues of M/s. Arunesh Processors Pvt. Ltd. and till then, not to grant the electricity connection to the petitioner is bad, illegal, arbitrary and violative of Article 14 of the Constitution of India and for a direction upon the respondent authorities to refund the amount of Rs. 17,16,255/- deposited by the petitioner vide Annexure:J, with interest, with further direction upon the respondent authorities not to disconnect the electricity connection to the petitioner.

2. The case made out by the writ-petitioner may be summed up thus:

2.1 The petitioner is a company which is operating at Vapi. The said company is running since 1988 and the numbers of partners have changed thereafter.

2.2 A company, i.e. M/s. Arunesh Processors Pvt. Ltd., went into liquidation and the petitioner participated in the auction held by the Hon’ble High Court of Bombay in the liquidation proceedings being Company Petition No. 545 of 1990.

2.3 The petitioner acquired the assets of M/s. Arunesh Processors Pvt. Ltd. [in liquidation], being Plot No. 282, GIDC Industrial Estate, Vapi, District Valsad, in an auction held by the Hon’ble High Court of Bombay.

2.4 The above sale was confirmed in favour of the petitioner at Rs. 70.00 Lac, out of which Rs. 14,01,000/- were paid by the petitioner on the day of the order.

2.5 Thereafter, on August 17, 2005, the petitioner was called upon to pay the remaining amount of Rs. 56.00 Lac of the auction money and on December 12, 2008, the deed of conveyance was also executed between the Official Liquidator, High Court of Bombay being the liquidator of M/s. Arunesh Processors Pvt. Ltd. and the petitioner.

2.6 For the purpose of transfer of the leasehold rights of the GIDC Plot, the office of the GIDC required “No Objection Certificate” from all government agencies including the Dakshin Gujarat Vij Company Ltd. [“DGVCL” for short]. The petitioner had made an application to the GIDC, Vapi, to transfer the leasehold rights in favour of the petitioner on February 18, 2009 and by way of a letter dated May 20, 2009, the GIDC, Vapi informed the petitioner about the said fact that for transferring the leasehold rights, NOC from all the govt. agencies was necessary.

2.7 In compliance of the said requirement, the petitioner obtained “No Objection Certificate” from all the govt. agencies except the DGVCL, the respondents herein.

2.8 The GIDC, by way of a letter dated April 15, 2010 informed the petitioner that the plot of land being No. 282/1 admeasuring about 6804 sq.mts. of M/s. Arunesh Processors Pvt. Ltd. stood transferred in the name of the petitioner w.e.f. April 7, 2010.

2.9 The respondent filed a suit being Civil Suit No. 93 of 1995 for recovery of Rs. 3,41,322/- against M/s. Arunesh Processors Pvt. Ltd. and the said suit was decreed in favour of the respondent no. 1 on November 26, 2002. Thereafter, it has come to the knowledge of the petitioner that Darkhast No. 7 of 2010 is also filed by the DGVCL, the respondents no. 1 and 2, for execution of the decree passed in Civil Suit No. 93 of 1995.

2.10 The petitioner is not having any information as to what is the stage of the said Darkhast No. 7 of 2010 filed by the DGVCL, but the DGVCL has, till date, not taken any steps to get the decree executed in its proper perspective.

2.11 The power connection which was releas