Hotel Seashell v. The Lieutenant Governor

31-08-2021 ct no. 13 Sl.1 sp High Court at Calcutta Civil Appellate Jurisdiction (Circuit Bench at Port Blair) WPA 172 of 2021 (Through Video Conference) Hotel Seashell & Anr.

-VersusThe Lieutenant Governor, Raj Niwas, A&N Islands & Ors.

Ms. Anjili Nag ....for the petitioners Mr. Krishna Rao ...for the respondents The writ petitioners complain that notwithstanding the order dated December 2, 2020 passed in Petition No. 30 of 2020 by the Joint Electricity Regulatory Commission for the State of Goa and Union Territories, Gurugram in Sea Shell Hotels & Resorts vs.

The Superintending Engineer, Electricity Department, Andaman & Nicobar Islands, the respondents are continuing to charge electricity consumed by the writ petitioners at a commercial rate and not the industrial rate as directed by the Commission.

Counsel for the respondents submits that the said order has been carried in review which

has also been dismissed. The respondents are now taking steps to prefer an appeal against the order dated December 2, 2020 before the Appellate Authority at New Delhi.

This Court is of the view that since there is a subsisting order by a statutory authority, which has not been interfered in review, the respondents are bound to comply with the same and shall do so forthwith.

The arguments of the counsel for the respondents that the petitioners have alternative remedy of seeking penalty and imprisonment under Section 146 of the Electricity Act and hence a writ Court should not entertain the writ petition, is not accepted.

A penalty order for non-compliance, does not effectively constitute an alternative remedy. Even assuming for the sake of arguments that it does, this Court cannot allow a statutory authority to continue to flagrantly violate the directions of the first executive authority, which has been confirmed in review.

The writ petitioners shall pay the respondents against the number of units consumed after December 2, 2020 as per the bills raised, only as per the industrial rate described and not the commercial rate.

Upon payment of the said amount within a period of one month from date, the respondents shall not disconnect the electricity line of the petitioners.

Needless to mention that the payment by the writ petitioners at the industrial rate and any claim that the respondents may have against the writ petitioners, shall abide by the result of any appeal that the respondents may prefer against the order dated December 2, 2020 and the order passed in Review dated August 23, 2021.

With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)