M/S Aquatic Pipes And Tubes Pvt. Ltd. Thr Shri Ghanshyam Gupta vs Madhya Pradesh Madhya Kshetra Vidhyut Vitran Company Central Discom

Prakash Shrivastava, J

Learned counsel appearing for the petitioner submits that by virtue of the notification dated 04/03/2014 the petitioner is entitled for exemption from

payment of the electricity duty in case if the new connection is taken within 5 years from the date of issuance of the notification. He has submitted

that the said 5 years’ period expires on 03/03/2019 and before that the petitioner had made an application to the concerned respondent vide

Annx.P/4 and had deposited the requisite amount also on 27/12/2018 and the agreement for extra high tension/high tension supply was also executed

with the respondent on 22/02/2019 Annx.P/5, therefore, the petitioner had become entitle to the exemption in terms of the said notification and vide

Annx.P/8 the petitioner’s prayer could not have been rejected on the ground that he was not covered by the said exemption notification.

Learned counsel for the respondent on advance notice has submitted that an alternate remedy under Section 10 of the Madhya Pradesh Vidhyut Shulk

Adhiniyam 2012 is available to the petitioner.

Having regard to the fact that the impugned order has been passed by the General Manager and in terms of Section 10 of the Act, it is the Electrical

Inspector to whom the matter is to be referred for settlement, I am of the opinion that at this stage the said submission cannot be entertained unless it

is properly substantiated.

Learned counsel for the respondent prays for and is granted 2 weeks time to file the reply.

List thereafter.

Meanwhile, the deposit of the charge will be subject to the final outcome of the present writ petition.