T. Nandakumar Singh, J.

Heard Dr. AK Saraf, learned senior counsel assisted by Mr. K Paul and Ms. M Ghosh, learned counsel for the petitioners, Mr. ND Chullai, learned Sr. GA assisted by Mr. S Sen Gupta, learned GA appearing for the respondents No.1 & 2 and Mr. KS Kynjing, learned senior counsel assisted by Mr. SM Suna, Mr. L Shongwan and Ms. IL Mawphlang, learned counsel for the respondent No.3.

2. The challenge in the present writ petition is to the provisions of the Meghalaya State Electricity Regulatory Commission (Terms and Conditions of Open Access) Regulations, 2012 (for short ‘MSERC, Regulations, 2012’) in particular to Regulations 23 and 24 of the MSERC, Regulations, 2012 dealing with wheeling charges and cross-subsidy surcharge. For easy reference, the relevant portion of the MSERC, Regulations, 2012 are quoted hereunder:-

“MEGHALAYA STATE ELECTRICITY REGULATORY COMMISSION SHILLONG

NOTIFICATION

27th April, 2012

No.MSERC/MESC-2012/77/03 : In exercise of powers conferred by sub-section (2) of section 181 read with clauses (2) (d) of section 39 and clauses (2), (3), and (4) of section 42 of the Electricity Act, 2003 and all other powers enabling it in this behalf, the