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2022 DAILYLAW 947 (HP)

KUNDAN HYDRO (RAJPUR ) PVT LTD v. STATE OF HP AND ANR

CWP/7882/2022 · 2026-03-06

Jyotsna Rewal Dua

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Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7882 of 2022 Decided on: 06.03.2026 ------------------------------------------------------------------------------------- Kundan Hydro (Rajpur) Pvt. Ltd. …..Petitioner Versus State of H.P. & Anr. .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Neeraj Gupta, Sr. Advocate with Ms. Shradha Karol, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. L.N.Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge This writ petition has been filed for grant of following substantive relief: - “(i) That issue a writ of mandamus directing respondents to defer the 3% additional free power share for the period of initial 12 years in accordance with the notification dated 15.05.2018.” 2. Respondents have filed their reply. However, during hearing of the case, it was brought to the notice that petitioner had represented to respondent No.2-the Director 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 (Energy), Government of Himachal Pradesh, on 22.07.2022 (Annexure P-9), seeking relief as prayed for in the present writ petition i.e. for deferring 3% additional free power share for a period of initial 12 years in accordance with notification dated 15.05.2018, however, no decision thereupon was communicated to the petitioner. 3. At this stage, learned counsel for the petitioner submitted that the petitioner would be satisfied in case it is permitted to make a fresh representation for the redressal of its grievance raised in this writ petition to the Secretary, MPP & Power and the said authority is directed to decide the representation in accordance with law, within a time bound schedule by a speaking order, after giving an opportunity of hearing to the petitioner. This proposal is acceptable to the learned Advocate General. 4. In view of above, the present writ petition is disposed of, reserving liberty to the petitioner to prefer a fresh representation to the Secretary, MPP & Power, for the redressal of its grievances raised in the writ petition. In case such a representation is made, within a period of two weeks from today, the same shall be considered and decided, in accordance with law, within six weeks thereafter by passing a speaking order after giving an opportunity of 3 hearing to the petitioner. The order so passed shall be communicated to the petitioner. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua March 06, 2026 Judge R.Atal