Disposed

Banke Bihari Rice Mill v. C.G. State Electricity Board and Ors.

Chhattisgarh HC6 Nov 2017WPC/824/2009

Case brief

AI extract

What is this about?

The High Court disposed of common writ petitions challenging additional demands for supply affording charges levied without due hearing. The Court directed authorities to decide pending representations expeditiously within 45 days after hearing and kept an interim order in operation. No final decision on merits was delivered.

What did the court decide?

Direction to respondent authorities to decide pending representations expeditiously within 45 days after affording due opportunity of hearing. Interim order of 9.2.2009 to remain in operation.

Banke Bihari Rice Mill Vs C.G. State Electricity… — Service and Employment | Chhattisgarh HC (2017)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Writ Petition (C) No. 823 of 20 09

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Saurabh Rice Mill, through its Partner Askaran Jain, S/o Pratap Chand Jain, aged about 60 years, Sehra Dabri, Dhamtari, District Dhamtari (C.G.)

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---- Petitioner

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Versus

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Chhattisgarh State Power Distribution Company Limited (C.S.P.D.C.L.), Through its Secretary, Central Office of C.G. State Power Distribution Company Limited, Raipur (C.G.)

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Executive Director (O&M), Chhattisgarh State Power Distribution Company Limited (C.S.P.D.C.L.), Raipur (C.G.)

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Chief Engineer (Commercial), C.S.P.D.C.L. Raipur (C.G.)

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Superintending Engineer (O&M), C.S.P.D.C.L. Circle, Dhamtari (C.G.)

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---- Respondents

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Writ Petition (C) No. 824 of 20 09

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Banke Bihari Rice Mill, Through its Proprietor Prateek Agrawal, S/o Girdhari Agrawal, aged about 22 years, Senesilly Road, Kurra, Nawapara, (Rajim), District Raipur (C.G.)

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---- Petitioner

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Versus

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Chhattisgarh State Power Distribution Company Limited (C.S.P.D.C.L.), Through its Secretary, Central Office of C.G. State Power Distribution Company Limited, Raipur (C.G.)

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Executive Director (O&M), Chhattisgarh State Power Distribution Company Limited (C.S.P.D.C.L.), Raipur (C.G.)

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Chief Engineer (Commercial), C.S.P.D.C.L. Raipur (C.G.)

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Superintending Engineer (O&M), C.S.P.D.C.L. Circle, Dhamtari (C.G.)

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---- Respondents

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Writ Petition (C) No. 825 of 20 09

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Shri Sai Baba Rice Mill Pvt. Ltd., through its Director Bhagwandas Rajpal, S/o Tikamdas Rajpal, aged 40 years, Tilde Camp Station Road, Tilda Neora, Village – Tulsi, District - Raipur (C.G.)

---- Petitioner

Versus

Chhattisgarh State Power Distribution Company Limited (C.S.P.D.C.L.), Through its Secretary, Central Office of C.G. State Power Distribution Company Limited, Raipur (C.G.)

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Executive Director (O&M), Chhattisgarh State Power Distribution Company Limited (C.S.P.D.C.L.), Raipur (C.G.)

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Chief Engineer (Commercial), C.S.P.D.C.L. Raipur (C.G.)

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Superintending Engineer (O&M), C.S.P.D.C.L. Circle, Dhamtari (C.G.)

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---- Respondents

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Writ Petition (C) No. 826 of 20 09

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M/s. Mahamaya Agrotech, Through Its Paartner Tej Prakash Chandrakar, S/o Bhushan Lal Chandrakar, aged about 32 years, Ganjpara, Mahasamund, District Mahasamund (C.G.)

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---- Petitioner

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Versus

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Chhattisgarh State Power Distribution Company Limited (C.S.P.D.C.L.), Through its Secretary, Central Office of C.G. State Power Distribution Company Limited, Raipur (C.G.)

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Executive Director (O&M), Chhattisgarh State Power Distribution Company Limited (C.S.P.D.C.L.), Raipur (C.G.)

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Chief Engineer (Commercial), C.S.P.D.C.L. Raipur (C.G.)

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Superintending Engineer (O&M), C.S.P.D.C.L. Circle, Dhamtari (C.G.)

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---- Respondents

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For Petitioners: Mr. Pragallabh Sharma, Advocate on behalf of Shri Maneesh Sharma, Advocate.

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For Respondents : Mr. Manish Nigam, Advocate.

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order On Board

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06/ 11/2017

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(1) Since common question of law and fact is involved in all the writ

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petitions, they are being disposed of by this common order.

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(2) Learned counsel appearing for the petitioners would submit that the

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petitioners have alrady desposited the supply affording charges as per sanction letter dated 18.10.2007 but the additional demand of Rs.4,11,814/-, Rs.14,15,066/-, Rs.13,29,517/- & Rs.29,46,818/-, respectively have been made from the petitioners without affording due opportunity of hearing to them, which is per se illegal and bad in law, and for which they have already made representation to the respondent authority but the same has not been considered and decided till date, therefore, the same may be directed to decided expedetiously.

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(3) Counsel for the respondents submits that the petitioners' representation will be considered and decided in accordance with law.

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(4) I have heard learned counsel appearing for the parties and perused the order impugned with utmost circumspection.

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(5) Be that as it may, the respondents authorites are directed to consider and decide petitioners' representation objecting additional demand, which is pending consideration expeditiously in accordance with law preferably within a period of 45 days from the date of receipt of certified copy of this order after affording due opportunity of hearing to the petitioners.

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(6) For the period of 45 days, interim order dated 9.2.2009 shall remain in operative.

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(7) With the aforesaid directions, all the writ petitions stand finally dispoed of.

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Sd/-

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(Sanjay K. Agrawal) Judge

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D/-

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(Sanjay K. Agrawal) Judge

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D/-

Banke Bihari Rice Mill v. C.G. State Electricity Board and Ors.

Case brief

What is this about?

What did the court decide?

Banke Bihari Rice Mill v. C.G. State Electricity Board and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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