High CourtsDivision Bench(2023) 06 SHI CK 0067

M/S Kulja Industries Ltd vs HPSEB Ltd. & Others

High Court Of Himachal Pradesh · Decided on 26 June 2023

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Satyen Vaidya, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No.4096 Of 2023

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Judgment

9 paragraphs · 289 words

Tarlok Singh Chauhan, J

1.

Issue notice. Mr. T. S. Chauhan, Advocate, appears and waives service of notice on behalf of the respondents.

2.

The instant petition has been filed for the grant of the following substantive reliefs:-

“i) A writ of mandamus may kindly be issued directing the respondents to implement and enforce the judgment dated 22.3.2012 passed in CWP(T) No. 3563 of 2011 and judgment dated 27.9.2021 passed in LPA No. 398 of 2012 whereby the provisional assessment notice dated 20.9.2008 and revised assessment notice dated 23.10.2008 for Rs. 29,24,241/- issued under Section 126 of Electricity Act 2003 for unauthorized use of electricity stood quashed and set aside and thereby to follow the mandatory provision of Instruction No. 41.2.15 of HPSEBL Sales Manual Instructions revised upto 17.10.2017 (Annexure P-15) in letter and spirit.

ii) An order directing the respondents to decide the representation dated 16.8.2022 (Annexure P-10) and 26.12.2022 9Annexure P-12) of petitioner company expeditiously in a time bound manner and to refund the upto date interest amount on Rs. 22,00,682/- in terms of instruction No. 41.2.15 of HPSEBL Sales Manual Instructions revised upto 17.10.2017.”

3.

Learned counsel for the petitioner, on instructions from his client, submits that his client would be content in case respondents are directed to comply with relief (ii), as quoted above.

Learned counsel for the respondents has no objection to the prayer made by the learned counsel for the petitioner.

4.

Accordingly, the instant petition is disposed of with a direction to the respondents to decide the representations of the petitioner dated 16.8.2022 (Annexure P-10) and 26.12.2022 (Annexure P-12), within a period of four weeks from today. Pending applications, if any, also stand disposed of.

For compliance to come up on 31.7.2023.