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2026 DAILYLAW 24968 (HP)

M/S RSA TECHNITEX v. THE STATE OF HP AND ANOTHER

CWP/19047/2025 · 2026-09-28

Ajay Mohan Goel, Yogesh Jaswal

body2026

Judgment text

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1 2026:HHC:41511 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 19047 of 2025 Date of decision: 28.09.2026 M/s RSA Technitex …..Petitioner Versus State of H.P. and others …..Respondents Coram The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. The Hon’ble Mr. Justice Yogesh Jaswal, Judge. Whether approved for reporting?1 For the petitioner : Mr. Ajay Vaidya, Advocate. For the respondents : Mr. Pushpender Jaswal and Mr.Sushant Keprate, Additional Advocates General, for respondents No. 1 & 2. Ms. Sunita Sharma, Senior Advocate with Ms. Manisha Kumari, Advocate for respondents No.3- HPSEBL. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has inter alia prayed for following reliefs:- A. For issuance of a writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ or direction calling for the records pertaining to the petitioners’ case and after going into the validity and legality thereof to quash and set aside Annexure P-5 to the extent it allow the electricity duty to be charged prior to the completion of 05 years; B. To quash and set-aside Annexure P-9 being time barred, illegal and arbitrary; C. A writ in the nature of mandamus or any other appropriate writ to direct the respondent No.1 to calculate and charge the electricity duty in terms of the clearance/ certificate dated 10.02.2020 (Annexure P-4) given by the State Government under the provisions of the Himachal Pradesh Single Window (Investment, Promotion and Facilitation) Act, 2018” 1Whether the reporters of the local papers may be allowed to see the Judgment?Yes 2 2026:HHC:41511 2. Having heard learned Counsel for the petitioner, we are of the considered view that this writ petition is completely misconceived, more so, in the light of the fact that a notice already stands served upon the petitioner on 21.02.2025 on the issue, which it is raising before us. 3. Mr. Ajay Vaidya, learned Counsel for the petitioner submits that the interest of justice would be served in case the Authorities are directed to take a call on the notice dated 21.02.2025 expeditiously. 4. Without making any observation on the merits of the case, this petition is disposed of with the direction that in case no final decision has been taken on the notice dated 21.02.2025, referred to in Annexure P-9 dated 04.11.2025, then needful be done within a period of six weeks by adhering to the principles of natural justice. Interim protection granted to the petitioner shall continue till the decision is taken by the Authorities on notice dated 21.02.2025. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge (Yogesh Jaswal) Judge 28th September, 2026. (yogesh)