Electricity Board challenged a Regulatory Commission order permitting TISCO to draw power from DVC Grid without exhausting the statutory appeal under Section 111 of the Electricity Act. The High Court held the alternative remedy was efficacious and dismissed the petition as not maintainable.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 2809 of 2005
Jharkhand State Electricity Board, Ranchi … …. Petitioner Versus
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
----For the Petitioners : Mr. Mukesh Kr. Sinha, Sr. S.C. For the Respondents : M/s Naveen Kumar & Salona Mittal, Advocates
Oral Order
07 / Dated : 04.03.2024
Before entering into the merit of the instant writ petition, this Court is of the view that this writ petition is not maintainable, as the petitioner has efficacious alternative remedy under Section 111 of the Electricity Act which has not been exhausted.
Under the circumstance, the writ petition stands dismissed as not maintainable.
However, the Appellate Authority will consider the limitation part in the event of appeal being filed by the appellant.
(Gautam Kumar Choudhary, J.)
AKT/Satendra
Uploaded
1 issue framed by the court
Whether the writ petition was maintainable when an efficacious statutory appeal under Section 111 of the Electricity Act before the Appellate Tribunal had not been exhausted.
3 provisions across 2 enactments
Jharkhand State Electricity Board, Ranchi
Jharkhand State Electricity Regulatory Commission, Ranchi
M/s Tata Iron and Steel Company Limited
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
