IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1994 of 2026 Decided on: 24.02.2026 ------------------------------------------------------------------------------------- M/S PK Constructions …..Petitioner Versus HPSEBL and Ors .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Bimal Gupta, Sr. Advocate with Ms. Kusum Chaudhary, Advocate. For the Respondents: Ms. Sunita Sharma, Sr. Advocate with Mr. Dhananjay Sharma, Advocate, for respondents No. 1 and 2. Mr. Vinay Mehta, Advocate, for respondent No.3. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Heard and considered the case file. 2. Petitioner filed a complaint on 12.03.2025 before the Consumer Grievances Redressal Forum (CGRF) with the grievance that respondent No.1 had illegally changed the category of the petitioner from Medium Industry Power Supply (MIPS) Category to Temporary Meter Supply (TMS) Category w.e.f. August 2018 and consequently raised 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 demand of short recovery of Rs.9,89,424/- vide notice dated 04.01.2025 (Annexure P-3); The notice was followed by office letter dated 03.03.2025 (Annexure P-5) and electricity bill dated 03.03.2025 (Annexure P-4). The complaint was contested by the respondents. After hearing the parties, CGRF vide its order dated 22.07.2025 observed that ‘the matter pivots on the interpretation of provisions in general of the Tariff Orders passed by the Himachal Pradesh Electricity Regulatory Commission (HPERC)-Respondent No.3 and specifically on the definition contained in ‘Applicability’ under various permanent categories of consumers vis-à-vis Temporary Metered Supply (TMS) schedule defined in the aforesaid Tariff orders especially with regard to hot mix plants (in question in the complaint)’. In view of above, CGRF held as under:- “17) Forum holds in the instant matter, that once issue of interpretation of Tariff Orders passed by the Ld HPERC has arisen, it cannot adjudicate upon the instant complaint because such interpretation falls within the sole domain of the Ld HPERC; (18) Accordingly Forum grants liberty to the Complainant to approach the Ld HPERC in the matter. On aforesaid terms the complaint is Disposed. Parties are left to bear their own costs. Order is announced before the parties present today on 22.07.2025 at Shimla in open Forum.” 3 3. Evidently, petitioner has been granted liberty by the CGRF to approach respondent No.3, since in terms of the order passed by the CGRF, the matter involved interpretation of Tariff orders passed by the HPERC, which fell within the sole domain of HPERC, hence, it is for the petitioner to raise its grievance before the competent Forum. 4. At this stage, learned Senior Counsel for the petitioner seeks permission to withdraw the present writ petition in view of the observation already made in the order passed by the CGRF on 22.07.2025 for availing appropriate remedy for the redressal of its grievances. Granting such permission, present writ petition to stand disposed of as withdrawn. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua February 24, 2026 Judge R.Atal