( 2024:HHC:15892 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.659 of 2024 Date of decision: 16.05.2025 M/s BBN Industries Association ….Petitioner Versus State of H.P. & others ….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. Ajay Vaidya, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Ramakant Sharma, Mr. Navlesh Verma, Ms.Sharmila Patial, Additional Advocate Generals, Mr. J.S. Guleria and Mr. Raj Negi, Deputy Advocate Generals, for respondents No.1 & 2/State. Ms. Sunita Sharma, Senior Advocate with Mr. Dhananjay Sharma, Advocate, for respondent No.3. 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 reliefs:- “A. To quash and set aside the notification dated 01.09.2023 (Annexure P-2) being ultra virus, arbitrarily unreasonable and against the provisions of the Section 11(2) of the Act; B. To issue a writ of prohibition from levying or collecting electricity duty under the provisions of the Himachal Pradesh (Duty) Act, 2009 or the Rules framed thereunder from the members of the petitioner till pendency of the petition” 1 Whether the reporters of Local Papers may be allowed to see the judgement? 2 ( 2024:HHC:15892 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. Ajay Vaidya, 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. Ajay Vaidya, 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 May 16, 2025 (reena)