Bses Rajdhani Power Ltd. Vs Kumud Chandra Deka & Anr. — Delhi HC (2025) — LawSathi Research

Bses Rajdhani Power Ltd. Vs Kumud Chandra Deka & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Setting aside of Para No. 69 and all corresponding parts of the impugned judgment qua issue no. 1 (maintainability of writ petitions against the electricity distribution companies), with the maintainability issue expressly left open for future writ petitions; the captioned appeals (LPA 297/2024 to LPA 306/2024) and all interlocutory applications stand disposed of.

Issue for consideration

Maintainability of the writ petitions filed by the Respondents against the Appellant electricity distribution companies — i.e., whether the companies are 'State' within the meaning of Article 12 of the Constitution of India (framed and decided by the learned Single Judge as issue no. 1). +1 more

Court's answer

On perusal of the pleadings and the Single Judge's judgment, this Court held that the issue of maintainability of a writ petition against the Electricity Distribution Companies was not required to be decided, as jointly submitted by counsel.

Ratio / Principle

Para No. 69 and all corresponding parts of the impugned judgment qua issue no. 1 were set aside; the Court observed that the issue of maintainability of a writ petition against electricity distribution companies shall remain open if it arises in any other writ petition, and the parties remain free to make their submissions on it.

Detailed headnote1 paragraphs

Delhi High Court, Division Bench (Dinesh Mehta and Vimal Kumar Yadav, Justices), order dated 12.12.2025 in ten consolidated appeals LPA 297/2024 to LPA 306/2024 (with CM Applns.) by BSES Rajdhani Power Ltd and BSES Yamuna Power Ltd. The learned Single Judge had rejected the respondents' writ petitions on merit but had also decided issue no. 1 — maintainability of the writ petitions against the electricity distribution companies, holding them to be 'State' within the meaning of Article 12 of the Constitution — without that objection having been pressed below. Counsel jointly submitted that the maintainability issue was not required to be decided. The Division Bench agreed, set aside Para No. 69 of the impugned judgment and all corresponding parts qua issue no. 1, and observed that the question of maintainability of writ petitions against electricity distribution companies shall remain open if it arises in any other writ petition, with liberty to the parties to submit on it. The captioned appeals and all interlocutory applications stand disposed of. The order settles nothing on the Art. 12/'State' characterisation of DISCOMs, having expressly left the issue open; no precedent value attaches to this order on that question.

$~7 to 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI

- LPA 297/2024, CM APPL. 21973/2024 & CM APPL. 21976/2024 BSES RAJDHANI POWER LTD .....Appellant Through: Mr. Anupam Varma, Mr. Nikhil Sharma, Ms. S. Akshata, Advs.

versus

GULSHAN KUMAR GAMBHIR & ANR. .....Respondents Through: Mr. Anupam Varma, Mr. Nikhil Sharma, Ms. S. Akshata, Advs.

8

- LPA 298/2024, CM APPL. 21982/2024 & CM APPL. 21985/2024

BSES YAMUNA POWER LIMITED .....Appellant Through: Mr. Sandeep Prabhakar, Sr. Adv. Mr. Anupam V., Mr. Nikhil Sharma, Ms. S. Akshata, Advs. Mr. S.K. Singh, Adv.

versus

INDER KUMAR GUPTA & ANR. .....Respondents Through: Mr. S.K. Singh, Adv. 9

- LPA 299/2024, CM APPL. 21987/2024 & CM APPL. 21990/2024

BSES RAJDHANI POWER LTD .....Appellant Through: Mr. Anupam Varma, Mr. Nikhil Sharma, Ms. S. Akshata, Advs.

versus

ABDUL RASHID ANSARI & ANR. .....Respondents Through: Mr. S.K. Singh, Adv. 10 + LPA 300/2024, CM APPL. 21991/2024 & CM APPL. 21994/2024 BSES RAJDHANI POWER LTD .....Appellant Through: Mr. Sandeep Sethi, Sr. Adv., Mr. Anupam Varma, Adv. Mr. Nikhil Sharma, Ms. S. Akshata, Advs.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2025 at 12:45:33

versus

DES RAJ MADAN & ANR. .....Respondents Through: Mr. S.K. Singh, Adv.

11 + LPA 301/2024, CM APPL. 21995/2024 & CM APPL. 21998/2024

BSES RAJDHANI POWER LTD .....Appellant Through: Mr. Anupam Varma, Mr. Nikhil Sharma, Ms. S. Akshata, Advs. versus RAVINDER SETH & ANR. .....Respondents Through: Mr. S.K. Singh, Adv. 12 + LPA 302/2024, CM APPL. 21999/2024 & CM APPL. 22002/2024 BSES RAJDHANI POWER LTD .....Appellant Through: Mr. Anupam Varma, Mr. Nikhil Sharma, Ms. S. Akshata, Advs. versus KUMUD CHANDRA DEKA & ANR. .....Respondents Through: Mr. S.K. Singh, Adv. 13 + LPA 303/2024, CM APPL. 22003/2024 & CM APPL. 22006/2024 BSES RAJDHANI POWER LTD .....Appellant Through: Mr. Anupam Varma, Mr. Nikhil Sharma, Ms. S. Akshata, Advs. versus

HARI PRAKASH CHHIKARA & ANR. .....Respondents Through: Mr. S.K. Singh, Adv.

14 + LPA 304/2024, CM APPL. 22010/2024 & CM APPL. 22013/2024 BSES RAJDHANI POWER LTD .....Appellant Through: Mr. Anupam Varma, Mr. Nikhil Sharma, Ms. S. Akshata, Advs.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2025 at 12:45:33

versus

NARENDER KUMAR MARWAH & ANR. .....Respondents Through: Mr. S.K. Singh, Adv.

15

- LPA 305/2024, CM APPL. 22015/2024 & CM APPL. 22019/2024

BSES RAJDHANI POWER LTD .....Appellant

Through: Mr. Anupam Varma, Mr. Nikhil Sharma, Ms. S. Akshata, Advs.

versus

PRAMODH SINGH & ANR. .....Respondents Through: Mr. S.K. Singh, Adv.

16

- LPA 306/2024, CM APPL. 22021/2024 & CM APPL. 22024/2024

BSES RAJDHANI POWER LTD .....Appellant Through: Mr. Anupam Varma, Mr. Nikhil Sharma, Ms. S. Akshata, Advs.

versus

SUNIL JOHRY & ANR. .....Respondents Through: Mr. S.K. Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VIMAL KUMAR YADAV

O R D E R

% 12.12.2025

Learned counsel for the Appellant submitted that, while deciding the writ petitions, although the learned Single Judge has rejected the writ petitions filed by the Respondents-writ petitioners on merit but decided the issue of maintainability of the writ petitions against the Appellants, holding them to be a ‘State’ within the meaning of Article 12 of the Constitution of India.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2025 at 12:45:33

He further submitted that since the issue on merit was covered in favour of the Appellant companies, they did not raise the issue or objection that they were not amenable to writ jurisdiction, before the learned Single Judge.

All the counsel for the Appellant companies submitted that though neither raised nor argued, learned Single Judge has framed the issue of maintainability of writ petition and held the same against them without noticing the fact that the issue of maintainability of writ petition has already been set at rest by the High Court.

On perusal of the pleadings and the judgment passed by the learned Single Judge, we are of the view that the issue of maintainability of writ petition against the Electricity Distribution Companies, was not required to be decided, as jointly submitted.

Be that as it may. We set aside the part of the judgment, particularly Para No. 69 and all corresponding parts of the impugned judgment qua issue no. 1, however, while observing that the issue of maintainability of a writ petition against electricity distribution companies shall remain open, if the same arises in any other writ petition and the parties shall be free to make their submissions in this regard.

Captioned appeals and all interlocutory applications stand disposed of.

DINESH MEHTA, J

VIMAL KUMAR YADAV, J

DECEMBER 12, 2025/ hk

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2025 at 12:45:33