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Bombay High CourtWP/5892/2010dispossed offdismiss for default

Mah. State Electricity Distribution Company Ltd. Thr. Its Exe. Engineer v. Ram S/O Ramnarayan Rathi, Prop. Red Bricks Company And ANR

2020-01-17Hon'Ble Shri Justice Avinash G. Gharote3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5681/2010 Maharashtra State Electricity Distribution Company Limited (MSEDCL), through its Executive Engineer (Rural), Akola ...Versus...

Shri Chandrakant Liladhar Harkanth and another with WRIT PETITION NO.4197/2010 Maharashtra State Electricity Distribution Company Limited (MSEDCL), through its Executive Engineer (Rural), Akola ...Versus...

Shri Deepak Jamnadas Kotak and another with WRIT PETITION NO.4225/2010 Maharashtra State Electricity Distribution Company Limited (MSEDCL), through its Executive Engineer (Rural), Akola ...Versus...

Shri Vishnu Ramprasad Gujar and another with WRIT PETITION NO.5682/2010 Maharashtra State Electricity Distribution Company Limited (MSEDCL), through its Executive Engineer (Rural), Akola ...Versus...

M/s. Shri Ramdeo Cotspin Industries, Akot, Taluka Akot, District Akola and another with WRIT PETITION NO.5684/2010 Maharashtra State Electricity Distribution Company Limited (MSEDCL), through its Executive Engineer (Rural), Akola ...Versus...

Shri Ajit Ramnarayan Gupta and another

with WRIT PETITION NO.5892/2010 Maharashtra State Electricity Distribution Company Limited, through its Executive Engineer, CCO & M, Rural Division, Akola ...Versus...

Ram s/o Ramnarayan Rathi, Proprietor, Red Bricks Company, Akola and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------- - Shri S.V. Purohit, Counsel for petitioner in all petitions Shri Akok Daga, Counsel for respondent no.1 in all petitions CORAM : AVINASH G. GHAROTE, J.

DATE : 17/01/2020 These petitions were admitted for considering a common issue involved in these writ petitions, i.e., whether infrastructure cost, which was earlier levied for the purpose of giving electricity connections by the Maharashtra State Electricity Distribution Company Limited (M.S.E.D.C.L.), was permissible.

It is stated that the issue was a subject matter in Civil Appeal No.4305/2007 (Maharashtra State Electricity Distribution Co. Ltd....Versus...Maharashtra Electricity Regulatory Commission and another) before the Hon'ble Supreme Court, which has been decided on 10/11/2016, by which the imposition of infrastructure cost has been quashed. In that light of the matter, learned Counsel for the petitioner makes a statement that the M.S.E.D.C.L. has

started to refund the infrastructure cost, as received by them, while granting applications, seeking electricity connections. Learned Counsel for the respondent no.1 makes a statement that the infrastructure cost, as paid by his clients in all these petitions, has been received back, and therefore, the grievance in the matter does not survive. Statements are accepted and recorded.

In that light of the matter, nothing survives in these writ petitions. The writ petitions are disposed of accordingly. Rule stands discharged. No order as to costs. JUDGE Wadkar, P.S.