PARWANOO INDUSTRIES ASSOCIATION v. HPSEBL AND ANOTHER
CWP/3940/2024 · 2025-04-30
Sushil Kukreja, Tarlok Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11405 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11405 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:11797 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.3940 of 2024 Date of decision: 30.04.2025 Parwanoo Industries Association ….Petitioner Versus H.P. State Electricity Board Ltd. & Anr. ….Respondents Coram: Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting ?1 No. For the Petitioner: Mr. Manik Sethi, Advocate. For the Respondents: Ms. Sunita Sharma, Senior Advocate with Mr. Dhananjay Sharma, Advocate, for respondent No.1. Mr. Anup Rattan, Advocate General with Mr. Navlesh Verma, Ms.Sharmila Patial, Mr. Sushant Kaprate, Additional Advocates General and Mr. Raj Negi, Deputy Advocate General, for respondent No.2/State. Tarlok Singh Chauhan, Judge(Oral): The instant petition has been filed by the petitioner, which is a registered society, for grant of the following substantive relief:-
“A writ in the nature of mandamus or any other appropriate writ to declare that Section 3(1)(xi) of the Electricity Duty Act, 2009, to the extent that the same is allowing the charging the electricity duty over diesel generating sets for own consumption and also, the notification dated 01.09.2023 to the extent of increasing the rate of electricity duty from 30 paisa per unit to 45 paisa per unit qua the electricity duty over diesel generating sets for own consumption is arbitrary and impermissible under the law.” 1 Whether the reporters of Local Papers may be allowed to see the judgement? 2 ( 2025:HHC:11797 )
2. We really wonder how the petitioner can file the instant writ petition when there is no cause of action per se in favour of the petitioner. If at all, someone is aggrieved, it would be an individual and not the society per se. 3. Even though Mr. Manik Sethi, Advocate has vehemently argued that the petition is maintainable as these are the members of the society, who are aggrieved. 4. Taking a cue from the arguments raised by Mr. Manik Sethi, Advocate itself, these are the members of the society who are aggrieved and not the society. 5. Obviously, in such circumstances, the petitioner cannot raise individual cause of action by way of instant writ petition. 6. Consequently, the petition is dismissed as not maintainable. However, dismissal of this petition would not in any way affect the rights of the members of the petitioner society from agitating individual grievance in accordance with law.
Pending application(s), if any also stands disposed of ( Tarlok Singh Chauhan )
Judge
( Sushil Kukreja ) Judge April 30, 2025
(reena)