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High Court of DelhiW.P.(C)/10851/2017

Gaurav Chabbra & ANR v. Tata Power Delhi Distribution Ltd

2017-12-06Hon'Ble Mr. Justice A. K. Chawla2 pages

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10851/2017 GAURAV CHABBRA & ANR ..... Petitioners Through Mr. Ujjwal K. Jha and Mr. B.P.

Agarwal, Advocates versus TATA POWER DELHI DISTRIBUTION LTD ..... Respondent Through Mr. Manish Kumar Srivastava, Adv.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 06.12.2017 CM APPL. 44467/2017 (Exemption) Allowed subject to just exceptions.

W.P.(C) 10851/2017 and CM APPL. 44466/2017 (for stay) Petitioners seek issuance of a writ of certiorari and/or for mandamus, to seek quashing of the inspection report dated 25.10.2017; speaking order dated 21.11.2017, and the consequent bill of Rs.86,42,636/- (Rupees Eighty Six Lac Forty Two Thousand Six Hundred Thirty Six Only) having been raised in respect of electricity connection bearing CA No.6002082484 installed at A-108, DSIDC Industrial Area, Narela, Delhi.

Instant writ is sought to be maintained on the limited aspect of absence of an opportunity of hearing before passing of the impugned speaking order dated 21.11.2017, culminating into the impugned bill dated 22.11.2017, the copy whereof is Annexure-P-10 to the petition,

and finds place at running page no.76.

During the course of hearing, on being queried, it emerges that the petitioners are continuing to enjoy the electricity, having been provided a new electricity connection, and, there is no immediate threat of disruption in running any business by the petitioners. When that is so, there is no urgency, and the petitioners should avail the efficacious remedy provided under the Electricity Act, 2003, to assail the impugned report and the bill.

Petition and pending application stand disposed off, in above terms. It is made clear that any observation made in the instant petition shall have no bearing on the merits of the case of either of the parties.

A. K. CHAWLA, J DECEMBER 06, 2017 nn