Advocates:
['ANIL KUMAR', '', 'ARPIT KUMAR', 'SACHIN KUMAR', '', 'CHANDRA G A BARDHAN']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No.127 of 2022

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M/s. Narrow Structures Pvt. Ltd.,

Upper Govind Nagar, Malad (East) Mumbai.

.......... Petitioner.

-Versus-

1. Jharkhand Bijli Vitran Nigam Limited, through its Chairman,

Engineers Bhawan, H.E.C., Dhurwa, Ranchi.

2. The General Manager-cum-Chief Engineer, Ranchi Electric Supply

Area, Engineers Bhawan, H.E.C., Dhurwa, Ranchi.

3. The Electrical Superintending Engineer, Electric Supply Area,

Engineers Bhawan, H.E.C., Dhurwa, Ranchi.

4. The Electrical Executive Engineer, Electric Supply Sub Division,

Area East, Kusai Colony, Doranda, Ranchi.

5. The Electrical SDO, Electric Supply Sub Division, Area East, Kusai

Colony, Doranda, Ranchi.

6. The Junior Electrical Engineer, Electric Supply Sub Division, Area

East, Kusai Colony, Doranda, Ranchi.

7. RIADA through its Regional Director, Ranchi Industrial Area

Development Authority, Central Office, Namkum Industrial Area,

Lowadih, Namkum, Ranchi.

.......... Respondents.

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner

:

Mr. Anil Kumar, Advocate

For Res. Nos.1 to 6 :

Mr. Gaurav Raj, A.C. to

Mr. Sachin Kumar, Sr. S.C., JBVNL

For Res. No.7

:

Mr. C. A. Bardhan, Advocate

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Order No.04

Date: 21.04.2022

The present writ petition has been filed for issuance of direction

upon the respondent nos.4 to 6 to show cause as to how and under

what authority of law, the petitioner’s application for grant of fresh

electrical connection with respect to a contract demand of 40 KW

under Low Tension Industrial Services category has been rejected on

17^th December, 2021. Further prayer has been made for issuance of

direction upon the respondents to grant fresh electrical connection in

favour of the petitioner. The petitioner has also prayed for issuance of

direction upon the respondents to pay compensation, as the

respondents have illegally rejected its claim for grant of fresh electrical

connection.

Mr. Gaurav Raj, learned A.C. to Mr. Sachin Kumar, learned Sr.

S.C., JBVNL, raises preliminary objection with regard to maintainability

of the writ petition and submits that this Court vide order/judgment

dated 21^st December, 2021 passed in W.P.(C) No.3650 of 2020 has

held that a complaint can be filed by a person before the Electricity

-2-

Dispute Redressal Forum constituted by a distribution licensee under

Section 42(5) of the Electricity Act, 2003, if the said distribution

licensee refuses to grant fresh electrical connection.

On perusal of the aforesaid judgment referred to above by the

learned counsel for the respondent-JBVNL, this Court, after discussing

the provisions of the Electricity Act, 2003; Jharkhand State Electricity

Regulatory Commission (Electricity Supply Code) Regulation, 2015;

and Jharkhand State Electricity Regulatory Commission (Guidelines for

Establishment of Forum for Redressal of Grievances of the Consumers,

Electricity Ombudsman and Consumer Advocacy) Regulations, 2020,

has held as under:-

“19.

It is now well settled that though no legislative enactment

can override or curtail the power of judicial review of High Court as

conferred by the Constitution of India under Article 226 which is the

basic feature of constitution, yet if a statutory forum is created for

redressal of grievances, a writ petition should not be entertained

ignoring such statutory dispensation.

20.

Electricity Act, 2003 is a legislative mandate to consolidate

the laws relating to generation, transmission, distribution, trading and

use of electricity and generally for taking measures conducive to

development of electricity industry, promoting competition, protecting

interest of consumers and supply of electricity to all areas,

rationalization of electricity tariff, ensuring transparent policies

regarding subsidies, promotion of efficient and environmentally

benign policies, constitutio