IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 3490 of 2011
With
W.P.(C) No. 3536 of 2011
Aditya Birla Chemicals (India) Ltd. Petitioner in 3490/2011
Laghu Udyog Bharti Organization Petitioner in 3536/2011
Versus
The State of Jharkhand & others Respondents
CORAM: HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE P. P. BHATT
For the Petitioners : M/s A.K.Mehta & Ajit Kumar
For the Respondents : Mr. A.K.Sinha, A.G.
M/s. Rajesh Shankar, Dheeraj Kumar &
A.Prakash
Order No. 02 th
Dated 8 July, 2011
By Court Heard learned counsel for the parties.
2. These two writ petitions have been taken together as the
petitioners have challenged the vires of Clause 13.4 of the JSERC
(Terms and Conditions for determination of Distribution Tariff)
Regulations, 2010 and this is because of the reason that the State
Commission, vide order dated 14.03.2011 (Annexure4) in case No.
33 of 2010, passed the order of relaxation in submitting the audited
annual accounts by the State Electricity Board.
3. Learned counsel for the Board submitted that the said order
has been challenged by one of the writ petitioner M/s. Aditya Birla
Chemicals (India) Ltd. before the Appellate Tribunal for Electricity in
appellate jurisdiction in Appeal No. 55 of 2011 wherein arguments
have already been heard by the Appellate Tribunal on 31st May, 2011
and order has been reserved.
4. It is true that another writ petitioner Laghu Udyog Bharti
Organization, who has preferred W.P.(C) No. 3536 of 2011, has not
challenged the order dated 14.03.2011 in appeal and so has been
done with the plea that the petitioner is challenging the vires of
Clause 13.4 referred above.
5. Since the Appellate Tribunal is ceased with the matter and
arguments have already been heard in the appeal preferred by writ
petitioner of W.P.(C) No. 3490 of 2011 M/s. Aditya Birla Chemicals
(India) Ltd., therefore, in the fact situation, we are not inclined to
entertain these writ petitions when the judgment is pending before
the Appellate Tribunal for Electricity where arguments have already
been heard only on 31st May, 2011, therefore, these writ petitions
are dismissed.
6. However, it is made clear that writ petitioners will be free to
challenge the order passed by the Appellate Tribunal for Electricity in
accordance with law. We are also making it clear that petitioners will
be free to challenge the vires of Clause 13.4 but after the decision of
the Appellate Tribunal.
(Prakash Tatia, A.C.J.)
(P. P. Bhatt, J)
Raman/Birendra