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2025 DAILYLAW 9308 (HP)

M/S J.B. ROLLING MILLS LTD v. THE HPSEBL AND OTHERS

CWP/2844/2024 · 2025-03-26

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 2844 of 2024 Decided on 26th March 2025 M/s J.B. Rolling Mills Limited …Petitioner Versus The H.P. State Electricity Board Limited and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. O.C. Sharma, Advocate. For the respondents: Ms. Sunita Sharma, Senior Advocate, with Mr. Dhananjay Sharma, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for the following reliefs:- (a) “A writ of mandamus may kindly be issued holding the demand notice dated 22.02.2024 (Annexure P- 8) for security deposit ofRs.1,26,00,000/- towards additional connected load of 7000KW with additional contract demand of 7000LV as illegal, unjust, arbitrary, unreasonable and contrary to the mandatory provisions of Section 47(5) of the Electricity Act, 2003, more particularly in the fact situation when the petitioner company has expressed its preparedness to take supply of electricity through pre-payment meter. 2 (b) A writ of mandamus may kindly be issued holding the communications dated 20.09.2023 (Annexure P-4) and 22.09.2023 (Annexure P-5) as unjust and violative of mandatory provisions of Section 47(5) of the Electricity Act, 2003. (c) A writ of mandamus may kindly be issued directing the respondents to provide pre-payment meter against electricity connection No.100012002351 for implementation of mandatory provisions of Section 47 (5) of The Electricity Act, 2003. (d) A writ of mandamus may kindly be issued directing the respondents to issue office order for release of additional contract connected load of 7000KW with additional contract demand of 7000KV in favour of the petitioner company without insisting upon the requirement of security deposit.” 2. When the case was taken up for consideration, the Court stands informed that the issue is no more res-integra and it is covered by the judgment of the Hon’ble Coordinate Bench passed in CWP No.4345 of 2023, titled as M/s Vardhman Ispat Udyog versus Himachal Pradesh State of Electricity Board Limited and other connected matters. 3. In the light of the fact that the controversy raised in this petition being squarely covered in terms of the judgment of the Hon’ble Coordinate Bench has not been disputed by the respondents, this petition is disposed of with the observation that the direction passed by the Hon’ble Coordinate Bench be construed to have been passed in this writ petition also mutatis 3 mutandis and all directions issued therein should be read as having been passed in the present petition also. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge March 26, 2025 (Vinod)