(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