W.P.(C) 10809/2026 $~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010347862026 + W.P.(C) 10809/2026 & CM APPL. 50119/2026 NATIONAL LAW UNIVERSITY DELHI .....Petitioner Through: Mr. Saurabh Kirpal, Sr. Adv. with Mr. Sanjay Vashistha, Standing Counsel, NLUD with Ms. Adya Luthra, Mr. Junaid Aamer, Mr. Siddhartha Goswami and Mr. Rajat Choudhary, Advs. versus BSES RAJDHANI POWER LIMITED .....Respondent Through: Mr. Narender Hooda, Sr. Adv., Mr. Rishab Raj Jain, Standing Counsel for BSES RPL with Mr. Sharique Hussain, Mr. Yuvraj Nandal, Mr. Shiv Bhatnagar and Mr. Om Swarup Kumar, Advs for R-1/BSES RPL. Mr. Anirudh Dusaj, ASC for DERC, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 20.08.2026 1. The present writ petition has been filed seeking the following reliefs: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2026 at 10:47:23 W.P.(C) 10809/2026 2. Mr. Saurabh Kirpal, senior counsel appearing on behalf of the petitioner, submits that the respondent no.1/BSES Rajdhani Power Limited (BRPL), in an arbitrary manner, has changed the tariff category of the petitioner from Cooperative Group Housing Society-Single Point Delivery (‘CGHS-SPD’) to Domestic category, which has resulted in doubling of the applicable rate. The petitioner has made representations before the Delhi Electricity Regulatory Commission (‘DERC’), however, the same are yet to be decided. 3. Notice in the petition was issued on 3rd August, 2026 and DERC was impleaded as respondent no.2. 4. Mr. Narender Hooda, senior counsel appears on behalf of the respondent no.1/BRPL and submits that a counter-affidavit has been filed yesterday. 4.1 The said counter-affidavit is not on record. 4.2 A copy of the counter-affidavit has been handed over in Court and the same is taken on record. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2026 at 10:47:23 W.P.(C) 10809/2026 5. Paragraph 21 of the said counter-affidavit gives the tariff history in respect of the electricity connection granted in favour of the petitioner. The same is set out below: “21. The tariff history furnished in respect of the subject connection is a follows: PERIOD TARIFF REFLECTED IN SAP 28.08.2008 to 31.08.2011 HT_MLHT 01.09.2011 to 30.04.2015 NDHT 01.05.2015 to 12.03.2024 CGHS_SDP 13.03.2024 onwards HT_DOM It is clarified that HT_MLHT and NDHT refer to the same tariff category. A copy of the SAP screenshot reflecting the tariff history of CA No. 100019219 from the date of energisation till date is annexed herewith and marked as ANNEXURE R-1/6.” 6. Mr. Hooda submits that from 1st May, 2015 to 12th March, 2024, the petitioner was charged as per the tariff applicable to ‘CGHS-SPD’, which was erroneous. Therefore, with effect from 13th March, 2024, the categorization was changed to High Tension-Domestic (‘HT-DOM’). 7. Counsel appears on behalf of DERC and submits that proper course of action would be to file a petition before the DERC. He submits that a similar petition raising issues as raised in the present petition is pending before the DERC. 8. Having heard the counsel for the parties, in my considered view, the issues raised in the present writ petition on have to be decided by the expert body constituted for this purpose, i.e., DERC. 9. Accordingly, the present writ petition is disposed of while directing This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2026 at 10:47:23 W.P.(C) 10809/2026 the petitioner to file a petition before DERC within ten (10) days from today. 9.1 The said petition shall be decided by the DERC in an expeditious manner, not later than six (6) months. 10. Taking into account that the petitioner has been paying electricity under the ‘CGHS-SPD’ category from 2015 to 2024, it is directed that the petitioner shall continue to pay electricity at the said rate till the adjudication by the DERC. 10.1 This arrangement shall apply to the subsequent bills raised by the respondent no.1 on the petitioner and would not apply to the bills that have already been raised. 11. Pending application stands disposed of. AMIT BANSAL, J AUGUST 20, 2026 Rzu This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2026 at 10:47:23