High CourtsDivision Bench(2012) 04 P&H CK 0144

Consumer Forum Chandigarh vs Union Territory, Chandigarh and Others

Punjab And Haryana At Chandigarh · Decided on 3 April 2012

HON’BLE JUDGES
Ranjan Gogoi, C.J · Mahesh Grover, J
RESULT
Dismissed
CASE NUMBER
CWP No. 1849 of 2007

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Judgment

3 paragraphs · 195 words

Ranjan Gogoi, C.J.—The challenge in this writ petition is against a notification dated 03.08.2005 levying energy charges and fixed charges on domestic consumption of electricity in the Union Territory, Chandigarh. The impugned notification dated 03.08.2005 had ceased to have force in as much as the new tariff has been introduced by notification dated 16.07.2011 w.e.f. 01.04.2011. In that view of the matter, we do not find any live issue for adjudication in this writ petition.

2.

Learned Counsel for the petitioner has submitted that the matter be decided on merits in as much as if the notification is found to be legally untenable, directions for refund of money paid thereunder or adjustment in future bills can be directed by the Court.

3.

The argument advanced is highly hypothetical. Even assuming that the impugned notification dated 03.08.2005 is in force and the Court is to find fault with it, any order of refund or adjustment of the dues paid may not be consequential or automatic. In view of the above, we are inclined to hold that this writ petition does not disclose any live issue for adjudication which is accordingly closed in terms of the above.