1 2025:CGHC:37406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1169 of 2025 1 - Sukanta Ghosh S/o Late Shri B.C. Ghosh Aged About 60 Years R/o Safed Khadan Devrikhurd, Torwa District -Bilaspur, Chhattisgarh. ... Petitioner versus 1 - Shri Bhim Singh Kanwar Managing Director C.S.P.D.C.L., Danganiya, Dungaji Colony, Raipur, District- Raipur, Chhattisgarh. 2 - Shri A.K. Ambastha Chief Engineer C.S.P.D.C.L., Tifra, District -Bilaspur, Chhattisgarh. 3 - Shri P.R. Sahu Superintendent Engineer, .S.P.D.C.L. Torwa Zone, Tahsil And District - Bilaspur, Chhattisgarh. 4 - Nandini Adil Assistant Engineer, C.S.P.D.C.L. Torwa Zone, Tahsil And District Bilaspur, Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Rahul Birtharey, Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 30-07-2025 1. The present contempt petition is filed for willful violation of the order dated 13-02-2025 (Annexure C-1) passed by the learned Single Judge of this Court in W.P. (C) No. 870/2025, whereby the direction to decide the representation of the petitioner within two weeks was given to the respondents. Digitally signed by MOHAMMAD AADIL KHAN 2 2. Learned counsel for the petitioner would submit that the order passed by the Court was to decide the representation of the petitioner, Annexure P-5, P-8, P-9 and P-10, within the period of 02 weeks. The authorities have decided the representation by a composite order, Annexure C-3. This order is not in consonance with the law and rules applicable to the petitioner’s case. The authorities cannot be permitted to ignore the law. In the representation, his prayer was to get the smart meter examined. The petitioner has raised objections on 28-03-2025 and 12-06-2025. Section 55 of the Indian Electricity Act, 2003 (in short “the Act of 2003”), provided that the licensee shall install the correct meter. No fitness certificate was issued, and the prayer to ungird the solar rooftop was not considered. The average bills were issued against the provisions of Section 56 of the Act of 2003. The examination report is submitted in a hasty manner without conducting the proper examination. The Chief Engineer has passed the order on behalf of all the authorities, usurping the powers of superior and subordinate authorities. Therefore, the order passed by the authorities on the representation of the petitioner is in violation of the letter and spirit of the order dated 13-02-2025 passed in W.P.(C) No. 870/2025, and the respondent/contemnors are liable to be punished for contempt of court. 3. I have heard learned counsel for the petitioner and perused the documents annexed with the petition. 4. The petitioner has filed the instant contempt petition against the order dated 13-02-2025 passed by the learned Single Judge of this Court in W.P.(C) No. 870 of 2025. The relevant part of the order is reproduced hereinbelow:- “5- From perusal of the representation it appears that the petitioner has raised a grievance regarding the installation of smart meter and correction of bills. The grievance of the petitioner is that due to non consideration of the grievances of the petitioner regarding the correction of bills, the notice of disconnection is 3 not proper. As the petitioner has raised a grievance the respondent who have received the representation should take a decision on the said representation submitted by the petitioner, hence it is directed that the representation submitted by the petitioner (Annexures P/5, P/8, P/9 & P/10) be decided by the respective respondents within a period of 2 weeks’ from today.” 5. The contention of the petitioner is that the authorities have passed the order, which is an utter violation of the provisions of the Indian Electricity Act, 2003, and the relevant rules made thereunder. It is also the contention that the Chief Engineer has exercised the powers of superior and subordinate authorities and has passed the order. The contention of the petitioner appears to be misconceived in view of the direction given in the order dated 13-02-2025 in W.P.(C) No. 870/2025. As per para 5 of the order dated 13-02- 2025, the only direction given is to decide the representations of the petitioner by the respective respondents. The Chief Engineer, being the superior authority, has signed the order dated 24-02-2025 on behalf of the Chhattisgarh State Power Distribution Company Limited (in short “CSPDCL”). The representations of the petitioner have been decided on the basis of the relevant rules and regulations, the law applicable to it, and the facts of the case of the petitioner. It has been mentioned that the electricity meter was also examined by its manufacturer, Zenus Company, and it was informed to the petitioner on 24-01-2025. It is also informed that if he wants to get the meter reexamined, he may apply for the same for reexamination by the Central Testing Lab, Bhilai. Further, no application for ungird the solar rooftop system was made by the petitioner till the time when the order was passed, and it was filed on 28-03-2025, whereas the order was already passed on 24-02-2025. 4 6. From perusal of the order under contempt, it transpires that the direction was to decide the representations of the petitioner within 02 weeks from the date of the order. The order was passed on 13-02-2025, and the representation of the petitioner has been decided within the stipulated time, i.e. on 24-02-2025. The merits of the case or grievance of the petitioner that the order dated 24- 02-2025 is bad in law as well as on facts, are to be the subject matter of another proceeding, but not under the contempt proceeding. The petitioner has another remedy to redress his grievances, which have been raised in the present petition. From perusal of the entire material produced with the petition, this court does not find any willful or deliberate violation of the order dated 13-02-2025 passed by the learned Single Judge of this Court in WP (C) No. 870 of 2025. 7. Accordingly, the contempt petition is liable to be and is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Aadi