2008 UAD 938
UTTARAKHAND HIGH COURT
Hon’ble Mr. Justice B.S. Verma
Writ Petition No. 1859 of 2007 (M/S)
M/S B.T.C. INDUSTRIES PVT. LTD. – Petitioner
Versus
UTTARANCHAL POWER CORPORATION LTD. – Respondents
Decided on : 29.08.2008
(B) Constitution of India, 1950, Art. 226 — Writ jurisdiction — Scope of — Disputed questions of facts — High Court cannot adjudicate upon such facts as the same require appraisal of evidence. (Para 24)
(C) Electricity Act, 2003, Secs. 42(5), 42(6) and Constitution of India, 1950, Art. 226 — Consumer's Grievances Redressal Forum constructed under Section 42(5) of Act of 2003 — Statutory remedy under being available to the consumer of electrical energy under section 42(5) — Not proper for High Court to enter into merits of the matter and decide the same in exercise of its writ jurisdiction. (Paras 25, 26)
¼v½ Hkkjrh; lafo/kku] 1950] vuqPNsn 226 & ds vUrxZr fjV izkFkZuk i= & esa ek= dkj.k crkvks uksfVl ds tkjh fd;s tkus dks pqukSrh & dh xzkárk & tc rd mPp U;k;ky; larq"V u gks tk;s fd lRrk ds ikl rF;ksa dh tk¡p rd djus dk {ks=kf/kdkj u gksus ds dkj.k] dkuwu dh utj esa dkj.k crkvks uksfVl iw.kZr% vfLrRoghu gS] flQZ dgus Hkj ij vkSj #Vhu ds rkSj ij gh fjV izkFkZuk i= dks xzg.k ugha fd;k tk;sxk & fjV fiVh'kuj dks gj gkyr esa dkj.k crkvks uksfVl dk tokc nsus o fjV izkFkZuk i= esa fy;s x;s lHkh vk/kkjksa dks viuk;s tkus ds funsZ'k fn;s tk;saA ¼izLrj 23½
¼c½ Hkkjrh; lafo/kku] 1950] vuqPNsn 226 & fjV {ks=kf/kdkj & dk foLrkj & rF;ksa ds fookfnr iz'u & ftuds fy;s lk{; }kjk ewY;kadu dh vko';drk gS] mPp U;k;ky; ,sls rF;ksa dks fu.khZr ugha dj ldrkA ¼izLrj 24½
¼l½ bySfDVªflVh ,DV] 2003] /kkjk&42¼5½] 42¼6½ o Hkkjrh; lafo/kku] 1950] vuqPNsn 226 & vf/kfu;e 2003 dh /kkjk&42¼5½ ds vUrxZr dUT;welZ xzhokUlst jSMªsly Qksje dks xfBr fd;k x;k & /kkjk&42¼5½ ds vUrxZr bySfDVªdy ,uthZ ds miHkksDrk dks dkuwuh mik; izkIr gSa & mPp U;k;ky; ds fy;s okn ds xq.knks"k dh foospuk djuk vkSj vius fjV {ks=kf/kdkj dk iz;ksx djrs gq, bls fu.khZr djuk mfpr ugha gSA
¼izLrj 25] 26½
Hon’ble B.S. Verma, J.
This writ petition has been filed for the following reliefs :-
i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 18.8.2006 passed by respondent no. 2 annexed as Annexure No. 11 of the writ petition.
ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to disconnect the electric connection of the petitioner installed in its Unit.
iii) Issue a writ, order or direction, which this Hon’ble Court may deem fit and proper under the circumstances of the case.
iv) Award the cost of the petition.
2. Brief facts giving rise to the writ petition are that the respondents through its Managing Director issued an Office Memorandum No. 1277 dated 30.5.2005 whereby a procedure has been laid down for granting the electric connection to new independent/industrial feeders.
According to the petitioner, the Office Memorandum dated 30.5.2005 provided that if electricity is to be tapped from a pre-existing independent feeder and the same is to be given to a new consumer it could be done only after fulfilling certain conditions as enumerated in the said office memorandum. Clause 5 provided that the prospective consumer will take a No Objection Certificate from the principal consumer after sharing the cost which was incurred in the installation of the independent feeder in favour of a pre-existing consumer. Clause 5(B) provided that the tapping from a pre-existing feeder would be possible only when the prospective consumer takes a No Objection Certificate and gives consent in writing. A copy of the Office Memorandum dated 30.5.2005 has been annexed as Annexure No. 2 to the writ petition. The petitioner unit is situate adjoining to pre-existing unit Shree Bankey Bihari Ispat Pvt. Ltd.-respondent no. 3 and the petitioner after applying for connection took consent from the Director of respondent no. 3 for tapping of the power line from the independent feeder of 33 KV of the respondent no. 3 and in lieu of the No objection Certificate issued on 8.8.2005 by the Director of respondent no. 3, it is obvious that respondent no. 3 has accepted a sum of Rs. Five lacs towards the cost sharing of tapping the electricity.
3. According to the petitioner, taking of No objection Certificate satisfies the condition of sub-clause B of Clause 5 of the Office Memorandum dated 30.5.2005 and after being satisfied and receiving the money, No Objection Certificate (copy Annexure No. 3) was issued in favour of the petitioner. Respondent no. 1 directed the petitioner to deposit the amount for temporary electric connection, which stood sanctioned in favour of the petitioner by letter No. 317 EDD(R)/T-5 dated 22.10.2005 thereby demand was raised to deposit a sum of Rs. 3,39,107/- and the said amount was got deposited by the petitioner. On 25.11.2005 the Deputy General Manager, Electricity Distribution Division had written to respondent no. 2 intimating for further recourse for granting electric connection to the petitioner after grant of NOC dated 8.8.2005. After the No Objection Certificate was submitted, the respondent no. 2 sought an opinion from its Legal Advisor as to whether in the circumstances the petitioner could be granted the power connection or not. The counsel of the respondents after considering the office Memorandum dated 30.5.2005 and the NOC dated 8-8-2005 given by the Director of respondent no. 3 and in view of the fact that deposit of the cost sharing was made by the petitioner opined to grant connection to the petitioner. A copy of legal opinion dated 4.1.2006 has been annexed as Annexure No. 4. Consequently, the petitioner made payment of security amount, service connection charges and meter inspection fees by Cheque dated 7.1.2006 vide receipt No. 41 and thereafter the respondents entered into a Memorandum of Understanding/agreement executed with the petitioner on 7.2.2006. As a consequence of the same, electric connection was installed and
1. Special Director & Anr. Vs. Mohd. Ghulam Ghouse & Anr. [(2004) 3 S.C.C. 440].
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